New York DWI Lawyer Discusses the Refusal of a Breathalyzer Test
Many times as an experienced New York DWI Lawyer I am asked what can happen if you refuse a breathalyzer when under suspicion of driving under the influence. New York is an implied consent state. If you are charged with a DWI and you refuse to take a breath test, the judge at your arraignment will suspend your driving privileges while the case is pending. In New York state there are conditional licenses and hardship licenses that we could apply for, but if there is a refusal, there are no hardship licenses.
I advise my clients as a New York DWI Lawyer that you will also 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.
Have you refused a breath test when you were pulled over for DUI? Contact experienced New York DWI Lawyer Carl Spector for 30 years of dedicated legal defense.