If you have been pulled over for DWI, and you did not take the tests, you may be facing consequences for breathalyzer refusal.
Breathalyzer Refusal | Implied Consent
New York is an implied consent state. While you have the right to refuse a breath test in New York State, doing so will make you vulnerable to severe civil administrative penalties, including the suspension of your license. If you are charged with a DWI or a DUI, which are essentially the same thing, and you refuse to take a breath test, the judge will suspend your driving privileges while the case is pending at your arraignment. You will receive two dates; one to come back on your criminal case and another one to appear at the Department of Motor Vehicles for a refusal hearing. A chemical test refusal hearing will be held within 15 days of your arraignment in front of the judge.
Breathalyzer Refusal | DMV Hearing
There are conditional licenses and hardship licenses that one might consider. Moreover, you will also present your case at a Department of Motor Vehicles Administrative hearing. However, if your request for driving privileges is denied, your license will be suspended for a significant amount of time and no hardship licenses will be issued.
Breathalyzer Refusal | Chemical Test
If you refuse a chemical test (blood or urine) for blood alcohol content (BAC), your license will be suspended at your arraignment in court and revoked for at least one year (18 months for a second offense) at a Department of Motor Vehicles hearing. The penalties and fines for refusing to submit to a chemical test are separate from, and in addition to, the penalties and fines for alcohol or drug-related convictions. Regardless of what test was refused, you will be subject to a civil penalty of $500 ($750 for a second offense).
If you need representation for breathalyzer refusal please call our NYC DWI lawyer for a free consultation.