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    State data last reviewed October 1, 2026 · all 50 states

    Breath Test Refusal Penalties by State

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    Refusing the breath or blood test after a DUI arrest triggers its own license suspension in all 50 states, separate from the criminal case. For a first refusal, 24 states suspend or revoke for a year or more, and most suspend longer for refusing than for failing the test. In Florida, Minnesota and Nebraska, refusing is also a crime in itself.
    Keep reading for the full breakdown

    First refusal vs first failed test, every state

    The license consequence of a first refusal next to a first failed test (0.08 or more, lower for commercial and under-21 drivers). Click a state for the hearing deadline and how to contest it.

    License suspension for a first breath test refusal compared with a first failed test, by state
    StateFirst refusalFirst failed testWhat refusing meansOfficial source
    Alabama†90 days90 daysRefusing a breath test leads to an administrative license suspension, separate from any DUI conviction. Refusal also triggers an ignition interlock requirement.Source: Ala. Code §32-5A-300
    Alaska90 days revocation90 days revocation (0.08 or more; 0.04 in a commercial vehicle)The DMV revokes your license for 90 days on a first refusal, 1 year with one prior, 3 years with two priors, and 5 years with three or more. A refusal conviction carries the same mandatory jail, fines, and court revocation as a DUI, and it counts as a prior.Source: Alaska DMV — DUI Administrative Revocation
    Arizona12 months90 days (restricted permit may be available after 30 days)Refusing a test leads to a 12-month suspension, or 2 years for a second refusal within 84 months. Failing a test (0.08 or more) leads to a 90-day Admin Per Se suspension instead.Source 1: A.R.S. §28-1321 — Implied consentSource 2: ADOT — Admin Per Se / Implied Consent affidavit training guideSource 3: Laws 2024, ch. 109 (SB 1453) — DUI; license suspension; records
    Arkansas180-day suspension6-month suspension (DWI alcohol)A first refusal brings a 180-day suspension. A second refusal within 5 years brings a 24-month suspension, and a third a 3-year revocation. Refusal is handled separately from any DWI conviction.Source: Arkansas DFA — Refusals
    California1 year4 months (age 21+, BAC 0.08 or more)Refusing a test means a 1-year suspension for a first offense, a 2-year revocation for a second and a 3-year revocation for a third or later within 10 years. A refusal can also be used against you in court.Source 1: California DMV — Driving Under the InfluenceSource 2: California DMV — Administrative Per Se Facts (2021)
    Colorado1 year revocation9 months revocation (0.08 or more)A first refusal brings a 1-year revocation and labels you a Persistent Drunk Driver. That requires interlock for at least 2 years, Level II alcohol education and treatment, and an SR-22 filing.Source 1: Colorado DMV — Reinstating After a DUI or Alcohol OffenseSource 2: Colorado DMV — Basic Case Lifespan of an Express Consent Per Se or Refusal
    Connecticut45 days, then 1 year of ignition interlock45 days, then 6 months of ignition interlock (age 21+ at 0.08 or more)A refusal brings a 45-day suspension followed by ignition interlock: 1 year for a first refusal, 2 years for a second, and 3 years for a third or later, regardless of age.Source: Connecticut OLR — Public Act Summary: An Act Concerning Ignition Interlock Devices (2014)
    Delaware12 months administrative revocation3 months administrative revocationA refusal brings an administrative revocation of 12 months for a first refusal, 18 months for a second, and 2 years for a third. If you are later convicted of a first DUI after refusing, the court revocation is 24 months.Source: Delaware General Assembly — HB 320
    Florida1 year6 monthsA first refusal means a 1-year administrative suspension; a refusal after a prior refusal means 18 months. Since October 1, 2025 (Trenton’s Law), refusing a lawful breath or urine test is also a crime: a second-degree misdemeanor the first time, a first-degree misdemeanor after that. Failing a test (0.08 or more) means a 6-month suspension for a first offense.Source 1: §322.2615, Fla. Stat. (2025) — Florida SenateSource 2: FLHSMV — Florida DUI and Administrative Suspension Laws
    GeorgiaAt least 1 yearAt least 1 yearRefusing brings an administrative suspension of at least 1 year, and the refusal can be used against you in the criminal case. The officer serves a DDS 1205 the same way as for a test failure.Source 1: Georgia DDS — ALS Hearing Request (DDS-1206)Source 2: Georgia DPS — Policy 11.05 DUI Enforcement
    Hawaii2 years (no prior alcohol or drug enforcement contact in the last 10 years)1 year (no prior alcohol or drug enforcement contact in the last 10 years)Refusing after being told the sanctions doubles the administrative revocation: 2 years with no prior alcohol or drug enforcement contact in the last 10 years, 4 years with one, and 8 years with two.Source 1: Hawaii Judiciary — ADLRO Frequently Asked QuestionsSource 2: HRS §291E-41 — Period of administrative revocation
    Idaho1 year, with a civil penalty90 days; the first 30 are absolute, then restricted driving may be requestedA refusal brings a civil penalty and a 1-year suspension with no driving privileges. A second refusal within 10 years means a 2-year suspension. You can request a hearing to show cause why you refused.Source 1: Idaho Code §18-8002Source 2: Idaho Transportation Department — Driver Records and Suspensions
    Illinois12 months (3 years if not a first offender)6 months (1 year if not a first offender)A refusal brings a 12-month Statutory Summary Suspension for a first offender and 3 years for anyone who is not a first offender. That is twice as long as the suspension for failing the test.Source 1: 625 ILCS 5/6-208.1 — Summary suspension periodsSource 2: Illinois Secretary of State — DUI Fact Book
    Indiana1 year (2 years with a prior OWI conviction)Up to 180 days (pre-July 2026 rule; see note on SB 251)A refusal brings a 1-year suspension, or 2 years if you have a prior OWI conviction. You can petition the court for review, limited to whether the officer had probable cause and whether you refused.Source 1: Indiana BMV — Common Traffic Violations (OWI suspensions)Source 2: Indiana BMV — Driver’s Manual, Chapter 5
    Iowa1-year revocation (no prior revocation)180-day revocation (no prior revocation)A refusal brings a 1-year revocation with no prior revocation, or 2 years with a prior. Drivers under 21 who refuse lose their license for 1 year on a first violation and 2 years on a second.Source 1: Iowa Code §321J.4Source 2: Iowa Legislative Services Agency — Legislative Guide to OWI LawSource 3: Iowa DOT — Operating While Intoxicated (OWI)
    Kansas1-year suspension, then 2 years interlock-only30-day suspension, then restricted driving (1 year suspension at 0.15 or more)A first refusal brings a 1-year suspension, then 2 years of interlock-only driving. A second refusal brings 1 year of suspension and 3 years of interlock; a third, 1 year and 4 years.Source 1: K.S.A. 8-1014 Suspension and restriction of driving privilegesSource 2: Kansas Department of Revenue — Alcohol Actions Chart
    Kentucky†Suspended at arraignment until the case ends; the court suspends for the period that would apply on convictionNo pretrial suspension for a first offense without a refusal. On conviction: 6 months (4 months with an interlock license)A refusal is an aggravating circumstance and can be used as evidence. The judge suspends your license at arraignment. On a second or third conviction within 10 years, the mandatory minimum jail term doubles.Source 1: Kentucky Revised Statutes 189A.200Source 2: Kentucky Transportation Cabinet — DUI Penalties and Programs
    Louisiana1 year (no restricted license for the first 90 days)90 days under R.S. 32:667 (no hardship license for the first 30 days); the OMV suspensions page lists 180 days for a first test result of 0.08–0.14A first refusal suspends your driving privileges for one year, with no restricted license for the first 90 days. A second refusal within 10 years means a two-year suspension. The suspension is separate from any sentence in the criminal case.Source 1: La. R.S. 32:667 — Seizure of license; administrative hearingSource 2: Louisiana OMV — Suspensions
    Maine275 days150 days (0.08 or more). Can drop to 30 days with an ignition interlockA first refusal brings a 275-day suspension; a second 18 months; a third 4 years; a fourth 6 years. If you are convicted of OUI, the refusal raises the minimum fine and jail.Source 1: Maine BMV — Operating Under the Influence InformationSource 2: Maine Dept. of Public Safety — Implied Consent
    Maryland270 days180 days (0.08 or more)A refusal brings a 270-day MVA suspension for a first offense and 2 years for a second or later one. You can’t get a restricted license unless you join the Ignition Interlock Program for 1 year.Source 1: Maryland MVA — DR-15 Advice of RightsSource 2: Md. Code, Transp. §16-205.1
    Massachusetts180 days (age 21+, no prior OUI)30 days (BAC 0.08 or more, age 21+), unless the case is resolved under a §24D first-offender dispositionFor a driver 21 or older, a refusal suspension is 180 days with no prior OUI, 3 years with one prior, 5 years with two, and life with three or more. Drivers under 21 face 3 years for a first refusal. Refusal suspensions run before, not alongside, any later OUI conviction suspension.Source: Mass. RMV — Alcohol and drug suspensions for over 21 years of age
    Michigan1 year, plus 6 pointsNo administrative suspension. After a first OWI conviction: 30 days suspended, then 150 days restricted (1 year for High BAC).Refusing the chemical test after arrest brings a 1-year license suspension (2 years for a second refusal within 7 years) and 6 points. The suspension is imposed unless you request a hearing within 14 days.Source 1: MCL 257.625f — Refusal; hearingSource 2: Michigan SOS — Substance Abuse and Driving
    Minnesota†1 year90 days (1 year if 0.16 or more)Refusing a lawful test leads to license revocation by the commissioner, even if a test was later obtained. Test refusal is also a crime and an aggravating factor that raises the charge degree.Source 1: MN House Research — An Overview of Minnesota’s DWI LawsSource 2: Minn. Stat. §169A.52 — Test refusal or failure; revocation
    Mississippi90 days (1 year with a prior DUI conviction)90-day administrative suspension when the 30-day permit expires without a court order; 120 days on a first DUI conviction unless the court orders an interlock-restricted licenseIf you refuse, the Commissioner of Public Safety suspends your license for 90 days if you have no prior DUI conviction, or 1 year if you do. The refusal suspension is separate from any DUI sentence.Source: Mississippi Legislature — SB 2606 (2024), text of §§63-11-23 and 63-11-37
    Missouri1 year revocation30 days suspension, then 60 days restricted driving privilegeRefusing brings a 1-year revocation. There’s no DOR hearing for a refusal; you have 30 days from the Notice of Revocation to file a petition for review in the circuit or associate circuit court in the county of arrest.Source 1: Missouri DOR — Refusal to Submit to an Alcohol and/or Drug Test FAQsSource 2: Missouri DOR — Driving While Intoxicated (DWI)
    Montana6 months, no probationary licenseNo administrative suspension for a failed test. After a first DUI conviction, the MVD suspends your license for 6 months; a probationary license is usually availableA first refusal is a 6-month suspension with no probationary license. A second refusal within 5 years is a 1-year suspension with no probationary license. Commercial drivers lose the CDL for 1 year, and for life on a second refusal.Source: MCA 61-8-1032 — Mandatory suspension following implied consent action
    Nebraska1 year revocation180 days revocationRefusal is a separate crime with the same penalties as DUI. The DMV revokes your license for 1 year through ALR, effective on the 15th day after arrest.Source 1: Nebraska DMV — Administrative License Revocation (ALR)Source 2: Neb. Rev. Stat. §60-498.01
    Nevada†At least 1 year revocation185-day minimum revocationA refusal brings a DMV license revocation of at least 1 year, separate from the criminal case.Source: Nevada DMV — DUI
    New Hampshire180 days (2 years with a prior DWI conviction or refusal)6 months (2 years with a prior DWI conviction, refusal, or administrative suspension)A first refusal with no prior DWI conviction means a 180-day suspension. With a prior DWI or aggravated DWI conviction, or a prior refusal, it is 2 years.Source 1: RSA 265-A:30 — Administrative License SuspensionSource 2: RSA 265-A:14 — Refusal of ConsentSource 3: NH Department of Safety — Hearings FAQs
    New JerseyNo pre-conviction suspension. On a first refusal conviction: no driving until an interlock is installed.No pre-conviction suspension. On a first conviction at 0.08 to under 0.15: no driving until an interlock is installed. At 0.15 or more: 4 to 6 months forfeiture plus interlock.Refusal is its own offense, tried in municipal court alongside the DWI. A first refusal brings a $300 to $500 fine and loss of driving privileges until an interlock is installed. A second brings 1 to 2 years and $500 to $1,000; a third, 8 years and $1,000. Each also triggers a $1,000-a-year MVC surcharge for 3 years.Source 1: P.L. 2019, c. 248 — DWI and refusal ignition interlock lawSource 2: NJ Division of Highway Traffic Safety — DUI brochure
    New Mexico1 year6 months (age 21+); 1 year under 21Refusing a test means a one-year revocation, even on a first offense, and can make the criminal charge aggravated DWI. Failing a test (0.08 or more, age 21+) is a six-month revocation for a first offense.Source: NM MVD — General DWI Information
    New YorkTemporary suspension at arraignment; at least 1-year revocation and $500 civil penalty after a DMV refusal findingSuspended at arraignment until the case ends (BAC 0.08 or more); a DWI conviction then carries at least a 6-month revocationYour license is temporarily suspended at arraignment. If the DMV finds you refused, it is revoked for at least 1 year with a $500 civil penalty. Within 5 years of a prior DWI-related charge or refusal, it is at least 18 months and $750. This applies no matter how the criminal case ends.Source 1: NY DMV — Penalties for Alcohol or Drug-Related ViolationsSource 2: N.Y. Vehicle and Traffic Law §1194
    North Carolina30-day civil revocation plus a 12-month DMV revocation30-day civil revocation (0.08 or more); limited driving privilege possible after 10 daysA willful refusal triggers the immediate 30-day civil revocation plus a separate 12-month DMV revocation. The 12-month revocation takes effect on the 30th calendar day after DMV mails the order unless you request a DMV hearing in writing before then. A limited driving privilege may be possible after 6 months in some cases.Source 1: N.C. Gen. Stat. §20-16.2 — Implied consent; refusal revocationSource 2: N.C. Gen. Stat. §20-16.5 — Immediate civil license revocationSource 3: NCDMV — License Suspension
    North Dakota†180 days revocation91 days below 0.18; 180 days at 0.18 or moreRevocation of 180 days with no prior in 7 years, 2 years with priors from two separate arrests, and 3 years in the most serious repeat cases. NDDOT says refusal can mean 180 days to 3 years.Source 1: N.D.C.C. ch. 39-20 — Chemical test for intoxication; implied consentSource 2: NDDOT — Penalties for Driving Under the Influence
    Ohio1 year90 daysA first refusal brings a 1-year Administrative License Suspension, starting immediately. It is 2 years with one prior refusal or OVI in 10 years, 3 years with two, and 5 years with three or more. No limited driving privileges are allowed for the first 90 days.Source: Ohio Revised Code §4511.191 — Implied consent
    OklahomaAt least 180 days, running with IDAP, and until IDAP is completedAt least 180 days, running with IDAP, and until IDAP is completedRefusing a test leads to revocation of your license by Service Oklahoma. A first revocation runs at least 180 days and until you finish IDAP. A driver under 21 who refuses can also be charged with a misdemeanor (up to 10 days in jail and/or a $1,000 fine).Source 1: 47 O.S. §6-212.5 — Impaired Driver Accountability Program (OSCN)Source 2: 47 O.S. §753 — Refusal to submit to test (OSCN)
    Oregon1 year (3 years if you had a DUII conviction, diversion, or implied consent suspension in the past 5 years)90 days (1 year if you had a DUII conviction, diversion, or implied consent suspension in the past 5 years)A breath, blood, or urine test refusal brings a 1-year suspension, or 3 years if you had a DUII conviction, diversion, or implied consent suspension in the past 5 years. A refusal can also be used as evidence in the criminal case.Source 1: Oregon DMV — Suspensions, Revocations and CancellationsSource 2: Oregon DMV — Suspension/Revocation/Cancellation Guide (Form 7484)
    Pennsylvania12 months (18 months with a prior refusal or DUI)No suspension at arrest. After a first conviction: none at General Impairment, 12 months at High or Highest RatePennDOT suspends your license for 12 months for a first refusal, or 18 months if you have a prior refusal or DUI. That is on top of any suspension for a DUI conviction. A refusal is also sentenced at the Highest Rate tier, and a restoration fee of up to $2,000 can apply.Source 1: 75 Pa.C.S. §1547Source 2: PA Driver’s Manual, Chapter 4 — Driving Record Information
    Rhode Island6 months to 1 year (civil refusal, Traffic Tribunal)No administrative suspension. On a first DUI conviction: 30 to 180 days (under 0.15), or 3 to 12 months (0.15 or more)A first refusal is a civil violation heard at the Traffic Tribunal. It brings a 6-month to 1-year suspension, a $200 to $500 fine, a $500 highway safety assessment, a $200 chemical testing assessment, 10 to 60 hours of community service, and an interlock or testing requirement. Repeat refusals carry higher fines and suspensions of up to 5 years.Source 1: R.I. Gen. Laws §31-27-2.1 — Refusal to submit to chemical testSource 2: RI DMV — Penalties
    South CarolinaAt least 6 months; can end early through interlockAt least 1 month (0.15 or more only); can end early through interlockRefusing brings an immediate suspension of at least 6 months for a first refusal. You can end it early by enrolling in the Ignition Interlock Device Program. The refusal can be used against you in court.Source 1: S.C. Legislature — 2025–2026 Bill 192 (implied consent text)Source 2: S.C. House Legislative Update, April 8, 2014 (Emma’s Law)
    South Dakota1 year revocation by the Department of Public SafetyNo administrative suspension. On a first DUI conviction the court revokes for at least 30 days, and may extend up to 1 yearRefusing can cost you your license for 1 year. The Secretary of Public Safety revokes it if the officer followed the law and you refused. To contest it, you must request a hearing within 120 days of the arrest.Source 1: SDCL Chapter 32-23 — Driving Under the InfluenceSource 2: SD Department of Public Safety — Revoked or Suspended Driver License and Reinstatement
    Tennessee†1 year 6 months for a first implied consent violation on or after January 1, 2026 (previously 1 year), ordered by the courtNo administrative suspension for a failed test. A first DUI conviction brings a 1-year revocation ordered by the court.A refusal is a civil violation decided by the court, not a crime for most first-time refusers. The court revokes your license. For violations on or after January 1, 2026, a first violation with no DUI, vehicular assault, or vehicular homicide conviction in the past 10 years carries a revocation of 1 year and 6 months (it was 1 year). A restricted license after a refusal requires an ignition interlock.Source 1: Fiscal note — HB 1204 / SB 1400 (implied consent revocation)Source 2: Tennessee General Assembly — HB 1204 bill historySource 3: House Amendment to HB 180 (108th General Assembly) — implied consent
    Texas180 days90 daysRefusing a breath or blood test triggers an administrative suspension of 180 days for a first refusal, longer than the 90 days for failing the test. The refusal can also be used as evidence in the criminal case.Source: Texas DPS — ALR FAQ (suspension periods)
    Utah18 months revocation (36 months for a second or later)120 days (2 years for a second or later offense)A first refusal revokes your license for 18 months; a second or later refusal, 36 months. Drivers under 21 who refuse lose their license until age 21 or for 2 years, whichever is longer.Source: Utah Driver License Division — DUI Suspension Times
    Vermont6 months90 daysA first refusal brings a 6-month civil suspension. A second suspension is 18 months and a third is for life. A 2025 law also created a new crime for refusing a search warrant in certain DUI cases.Source: Vermont Statutes — 23 V.S.A. § 1205
    Virginia†7 days administrative, plus a 1-year court suspension if the refusal is found unreasonable7 days (0.08 or more)Unreasonable refusal of the breath or blood test means the court suspends your license for 1 year. A second refusal within 10 years brings a 3-year suspension and a criminal charge. Refusal suspensions are added on top of the administrative suspension.Source 1: Va. Code § 46.2-391.2 — Administrative suspensionSource 2: Virginia DMV — Virginia is TOUGH on drunk and drugged drivers (DMV 168)
    Washington†1 year revocation90 days (no prior incidents)Refusing brings a DOL revocation of at least 1 year, longer if you have prior incidents. The refusal can be used as evidence at trial, and it puts you in the higher sentencing tier if you’re convicted.Source 1: RCW 46.20.308 — Implied consentSource 2: Washington DOL — DUI (Driving Under the Influence)
    West Virginia1 year revocation, or 45 days plus 1 year in Test and Lock6 months revocation, or 15 days plus 125 days of interlock in Test and Lock (0.08 to 0.149)A first refusal of the secondary chemical test brings a 1-year revocation, or 45 days plus 1 year in the Test and Lock program.Source: W. Va. Code §17C-5A-3a
    Wisconsin1 year revocation (occupational license after 30 days)6 months (administrative suspension; occupational license available right away)An improper refusal leads to a 1-year revocation for a first refusal, starting 30 days after the notice date. You can apply for an occupational license after 30 days. A later refusal brings a 3-year revocation. Refusal also triggers an ignition interlock order.Source 1: WisDOT — First offense OWI summarySource 2: WisDOT — First OWI offense
    Wyoming†6 months90 daysRefusing all required tests suspends your license for 6 months on a first refusal and 18 months on a second or later one. After 45 days you can apply for an ignition interlock restricted license for the rest of the suspension.Source: WYDOT — DUI Statutes handout to the Joint Judiciary Committee (2020)

    From each state’s guide, which links the official sources. Educational information, not legal advice. † Still being verified against official sources; check the linked source before relying on it.

    Where refusing is a crime in itself

    In most states the refusal is a civil license matter that can also be used as evidence. In these states it is also charged as an offense on top of the DUI. Some others charge refusal only in narrower cases (for example drivers under 21 in Oklahoma, or refusing a blood warrant in Vermont); the table above shows each state’s wording.

    • Florida (DUI)

      A first refusal means a 1-year administrative suspension; a refusal after a prior refusal means 18 months. Since October 1, 2025 (Trenton’s Law), refusing a lawful breath or urine test is also a crime: a second-degree misdemeanor the first time, a first-degree misdemeanor after that. Failing a test (0.08 or more) means a 6-month suspension for a first offense.

    • Minnesota (DWI)

      Refusing a lawful test leads to license revocation by the commissioner, even if a test was later obtained. Test refusal is also a crime and an aggravating factor that raises the charge degree.

    • Nebraska (DUI)

      Refusal is a separate crime with the same penalties as DUI. The DMV revokes your license for 1 year through ALR, effective on the 15th day after arrest.

    How implied consent works

    Implied consent means that holding a license and driving on the state’s roads counts as agreeing to a chemical test after a lawful arrest for DUI. The test is the evidentiary breath or blood test at the station or hospital, not the handheld roadside device (a preliminary breath test) and not the field sobriety exercises, which in most states you may decline without a license penalty.

    Refusing does not stop the state from getting evidence: officers in most states can get a warrant for a blood draw. It does start the refusal suspension, which in many states is longer than the suspension for a failed test, delays or blocks a hardship license, and can add interlock time. The refusal guide walks through the decision; this page is the state-by-state consequence.

    Whatever you decided at the roadside, the next step is the same: request the license hearing before your state’s deadline. The deadline table has every state.

    Common questions

    What happens to my license if I refuse a breathalyzer?
    Every state has an implied consent law: by driving, you have agreed to a breath or blood test after a lawful DUI arrest. Refusing triggers a license suspension that is separate from the criminal case and usually longer than the suspension for failing the test. The table shows the first-refusal period for each state.
    Is refusing a breath test a crime?
    In most states refusal is a civil license matter, not a crime, but it can still be used as evidence against you. Florida, Minnesota and Nebraska treat a refusal as a crime in itself (Florida for refusals on or after October 1, 2025), and a few others charge it in narrower cases, such as drivers under 21 in Oklahoma. Read the state page for the details and the source.
    Is the refusal suspension longer than the suspension for failing the test?
    Usually, yes. Many states suspend for 90 days to 6 months after a first failed test and for a year after a first refusal, and some add interlock or deny a hardship license for part of the refusal period. The table shows both periods side by side.
    Can I still fight the refusal suspension?
    In most states you request the administrative hearing within the state's deadline (6 to 90 days) and contest whether the stop, arrest and refusal were lawful. Indiana, Kentucky, Mississippi, New Jersey, New York, Rhode Island, South Dakota, Tennessee and West Virginia have no separate hearing to request; the court handles it there. See the hearing deadlines table.
    Does refusing help my criminal case?
    Sometimes the prosecution has less evidence without a test result, but officers can get a warrant for blood in most states, the refusal itself can be shown to the jury in many states, and the license penalty is longer. This page shows the license consequence only; the decision is one to make with a lawyer.

    Read your state’s guide

    Every number on this page links to the state guide that explains it, with the official source.

    All 50 state guides →

    Related guides

    Educational information, not legal advice. Each row comes from that state’s DUI911 guide and the official statute, licensing agency or court page it cites. Laws change and every case is different; confirm the deadline on the paperwork you were given and talk to a licensed attorney in your state.