If you’re pulled over in New York on suspicion of drunk driving, chances are you’ll have to submit to a chemical test also known as a breathalyzer, for alcohol-related incidents. The question is, is it within your rights to refuse to take the test?

The short answer is no. New York State has a law against chemical test refusal, called the implied consent law. The law says that anyone operating a motorized vehicle gives implicit consent to submit to a chemical test when asked to by police. This means you’re already obligated to comply once you hit the road.

Refusing a chemical test is charged as a separate crime from the DWI, so a DWI could be an additional charge.

So what happens if I refuse?

If you are arrested for a DWI or DWAI and refuse a chemical test from a police officer, your license will be suspended and you could face a fine, in line with regular DWI consequences.

You’ll likely have to go to a DMV hearing where it will be confirmed that you refused the test. If this is the case, you’ll get your license revoked for at least a year. You’ll also face a fine of at least $500. This is in addition to the charges and penalties you’ll receive for the DWI.

Even if you are not charged with a DWI, you can still face consequences for refusing the chemical test.

If you refuse a chemical test, your license will be suspended for a mandatory 6 months and you will be issued a $300 fine. Then, if you refuse a second test within five years of the first, your license will be suspended for a year and you’ll have to pay a $750 fine.

What if I’m a minor?

If you’re under the age of 21, the penalty is more severe. If you refuse to take a chemical test while underage, your license is revoked for a minimum of a year, regardless of whether or not you’re charged with a DWI.

If you refuse a second chemical test within five years of your first charge, your license is revoked until you turn 21.

So what should I do?

To put it simply, if you refuse a chemical test, you run the risk of double penalties. You can still be charged with a DWI, DWAI or Zero Tolerance after you have already faced penalties from a test refusal. It’s more than likely your license will be revoked in addition to the consequences of a DWI.

By : First Page Attorney | May 24, 2018 | Uncategorized

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I am attorney Scott G. Cerbin, Esq., and my firm is located in downtown Brooklyn near the Borough Hall and Jay Street stops. The Law Office Of Scott G. Cerbin, Esq., PLLC, offers free initial consultations to individuals living within all five New York City boroughs. You can reach me at any hour of the day or night, regardless of the complexity of your issue.

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