Refusing a Breathalyzer Test
If you are arrested for a DWI in New York, you may be wondering if refusing a breathalyzer test is a good idea. You always have the option to refuse breath and chemical tests for Blood Alcohol Content levels. However, doing so could impact your legal outcome later. Here is some important information you should be aware of.
Refusing a Breathalyzer Test | What Will Happen?
You always have the option to refuse a breath test in New York, but you will face civil administrative penalties, including the suspension of your license, if you refuse a breath test. You will have the opportunity to present your case at a Department of Motor Vehicles Administrative hearing, but if your request for driving privileges is denied, your license will be suspended for a significant amount of time.
Refusing a Breathalyzer Test | Chemical Tests
If you refuse a chemical test (Blood or Urine) for Blood Alcohol Content (BAC), your license will be suspended at arraignment in court, and revoked for at least one year (second offense, 18 months) 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’ll be subject to a civil penalty of $500 (second offense, $750).
Refusing a Breathalyzer Test | Hiring a DWI Lawyer
If you have been arrested or charged with a DWI, contact experienced New York DWI lawyer Carl Spector to defend your freedom. Carl Spector will use his vast knowledge of the legal system and past experience as a New York State prosecutor to dispute the results of the blood alcohol content tests and protect you from a permanent criminal record. We offer free, no obligation consultations and would be happy to answer your questions. Contact us today and let our experience work for you.