Every state has what are known as “implied consent” laws, meaning that every driver with a license agrees to submit to chemical tests for the presence of drugs or alcohol. While you’re free to refuse when police officers ask for a saliva, hair, blood, or breath sample, doing so could result in consequences that are just as serious as a DWI conviction. According to The Law Office of Daniel Fulmer, an experienced lawyer in Rochester, NY, those who don’t submit to testing will have to attend a refusal hearing with the Department of Motor Vehicles.
What Is a Refusal Hearing?
Refusing to provide samples for chemical testing is an administrative offense, not a criminal one, although you will still likely be charged with a DWI. At this hearing, the police officer will submit testimony regarding your condition during the arrest, and your lawyer will offer any defense available. Because the standard of evidence in administrative hearings is so much lower, having legal representation is critical to achieving the best possible outcome.
Consequences of Refusing to Take a Test
The consequences for denying a chemical test vary from state to state, but they can seriously affect several aspects of your life. In New York, for example, a refusal hearing will typically result in a $500 fine and a driver’s license revocation for at least one year. If you’ve been guilty of similar offenses in the past, however, the penalties you face might be more severe.
If you’ve been accused of a DWI or any other crime, a lawyer will provide the guidance you need to ensure the best possible outcome. The Law Office of Daniel Fulmer offers aggressive representation and unparalleled expertise, as well as 24/7 legal support. To discuss your case with a seasoned and compassionate lawyer, call (585) 454-2050 today. You can also schedule a consultation by reaching out through their website