When you’re stopped by law enforcement in New York on suspicion of driving under the influence (DUI) or driving while intoxicated (DWI), one of the critical decisions you may face is whether to submit to a breathalyzer test. Understanding your rights and the potential consequences of refusing such a test is essential, as a refusal can lead to penalties and driving restrictions and could complicate your legal situation.
Breathalyzer and chemical test results usually make up the strongest evidence in the state’s DWI cases against drivers. However, these tests must be administered properly. If your arresting officer fails to follow the correct procedures or you can show that there was no probable cause to arrest or test you in the first place, you could beat the refusal and DWI charges against you.
Before making a decision, it is crucial to seek experienced legal counsel and explore your legal options. At The Kugel Law Firm, our team of skilled New York DWI attorneys can provide professional guidance and support in this challenging time. We can clarify any concerns regarding your case, identify strategies for building a robust defense, and help achieve a favorable outcome. Contact us today at (212) 372-7218 to schedule a consultation.
Can You Refuse a Breathalyzer Test for a DWI in New York?
Portable breath test (PBT) results taken roadside or at the scene of your arrest may be admitted as evidence in New York DWI cases, so long as:
- The device used has been approved by the state,
- You were warned about the penalties for refusing the test, and
- The test was administered properly by the officer.
New York is also an implied consent state. By driving in the state at all, the government assumes you consent to chemical testing in DWI cases. If a roadside test shows your BAC above the legal limit, you will take an official chemical test at the police station after your arrest.
You can still refuse to submit to a breath or chemical test in New York. But that comes with fines, penalties, and consequences – in addition to the penalties you face for the DWI charge.
What Are the Penalties for Refusing a Chemical Test in NY?
The penalties you get in New York for refusing a breath test will depend on whether you’re facing your first DWI charge or if you have a previous DWI on your record.
- You may have to pay hundreds of dollars in civil penalties, and
- Your driver’s license may be revoked between 1 year and 18 months.
New York also adds greater penalties and surcharges if there are factors such as multiple alcohol- or drug-related misdemeanors, felonies, or aggravated DWI violations on your driving record. You may face more severe consequences if you have recklessly caused an accident or injured others. As soon as you get your phone call, you should contact a knowledgeable DWI attorney who can help with your case.
Do You Automatically Lose Your License if You Refuse a Breathalyzer in New York?
In New York, if you are pulled over on suspicion of driving while intoxicated and refuse to take a breathalyzer test, you may face significant legal consequences, including the automatic suspension of your driving license.
For those facing their first offense, the revocation period is at least one year. If you have previously refused a breathalyzer or have been convicted of a DWI within the last five years, and you refuse again, the law mandates a longer revocation period of at least 18 months. These measures are part of New York’s efforts to discourage drivers from both drunk driving and from avoiding detection through refusal of breath tests.
This automatic revocation is independent of any criminal charges related to DWI that might be brought against you, and it is initiated right at the time of refusal. It’s important for drivers to understand that this action is a direct consequence of refusal itself, irrespective of whether you were eventually found to be driving under the influence or not.
For anyone facing such a situation, consulting with a lawyer who is knowledgeable in New York’s DWI laws can provide guidance on how to handle their circumstances and potentially mitigate the repercussions of a breathalyzer refusal.
| Breathalyzer Refusal Offense | License Revocation Period | Conditions |
|---|---|---|
| First Offense | At least 1 year | Automatic suspension upon refusal, regardless of DWI conviction. |
| Subsequent Offense | At least 18 months | Applies if refusal occurs within 5 years of a prior DWI conviction or breathalyzer refusal. |
Get Quality Legal Assistance at The Kugel Law Firm Today
At The Kugel Law Firm, we’re not here to judge you – we’re here to defend you. Our New York DWI attorneys can work diligently to evaluate every aspect of your case, from the initial traffic stop to the specific charges against you, and develop a strategic defense tailored to your situation. Contact us today at (212) 372-7218 to discuss your case and take the first step toward achieving the best possible outcome.
from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/can-you-refuse-a-breathalyzer-test-during-a-dui-or-dwi-arrest/
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