New York DWI Test Refusal

During a New York driving while intoxicated (DWI) arrest, the police officer may ask the driver to take a breath test in order to determine blood alcohol content. While the penalties for taking the test and failing it are serious, the penalties for refusing to take the test altogether may be even more severe. If you have recently been charged with a New York DWI test refusal, you should contact an experienced attorney as soon as possible to help you save your driving privileges.

Because of New York’s Implied Consent law, to which you agreed when you signed for your driver’s license, you must submit to an officer’s request for a chemical test if stopped for drunk driving. If you refuse, the officer will read you the Implied Consent Warning, which details the consequences you may face for a test refusal.

If you again refuse to take the test, your license will be automatically suspended during your arraignment. At that time, you will be asked to surrender your driver’s license. The court will then schedule a hearing with the Department of Motor Vehicles within 15 days.

The refusal hearing is conducted by an administrative law judge at the Department of Motor Vehicles. If you do not win this hearing, your driving privileges will be revoked for at least one year, and, unlike a driver who took the test and failed, you will be ineligible for a conditional driver’s license that would allow you to drive to necessary locations, such as work. You should consider having an experienced DWI attorney on your side during the refusal hearing to ensure that your rights are protected.

You will be subject to financial penalties for refusing to take a breath test. The DMV civil penalties and assessments may cost at least $1,250. You may be ordered to pay additional fines if convicted of DWI charges.

Losing your driving privileges is a serious matter. If you are facing a driver’s license revocation and fines because of a breath test refusal, you need to speak to an experienced DWI attorney. Fill out our form today, and a local DWI defense will contact you promptly.