New York has an implied consent law, which means that as a condition of holding a driver license, you will submit to a chemical test of your breath, blood, urine, or saliva if requested by a police officer who has reasonable grounds to believe you are driving while intoxicated. If you refuse, you can face penalties. If you refused a breath test following a traffic stop, a seasoned DWI defense lawyer can explain exactly what’s at stake. In the meantime, here are the penalties you could be facing, in general. 

License Revocation 

In New York, refusing to take a breathalyzer test following an arrest for DWI can result in a license revocation following a hearing at the Department of Motor Vehicles. If it is found there was reasonable cause for the arrest and you persistently refused despite being warned of the consequences of refusal, your license will be revoked for one year, irrespective of whether you are found guilty of DWI in court. You will also not be eligible for conditional driving privileges while your DWI case is pending. If this is your second refusal or you were convicted of DWI within the past five years, the revocation will be for 18 months. 

You should have an attorney for this hearing. Refusals can be challenged. If the officer did not warn you, in clear and unequivocal language, of the penalties for refusal, or there is no probable cause for the stop or arrest, a defense lawyer may be able to get the case dismissed. 

Fines & Fees 

A first-time refusal will result in a $500 civil penalty. For subsequent offenders, the civil penalty is $750.  These are administrative penalties imposed by the DMV. You may be subject to additional fines, court costs, etc. in your DWI case in court.

If you refused a breathalyzer test in New York and are now facing DWI charges—get in touch with Thomas A. Corletta, Attorney & Counselor at Law. Practicing out of Rochester, this seasoned DWI lawyer has nearly four decades of experience defending those accused of drinking and driving. Thomas Corletta prides himself on personally handling each and every case on which he is retained. To schedule an initial consultation with this tireless lawyer, reach out online or call (585) 546-5072.