If you are stopped for suspected drunk driving in New York, you might be asked to take a breathalyzer test. Many drivers wonder if they should agree or refuse. The decision can affect your license, your case, and even your future. Understanding what happens when you refuse is the first step in making the best choice for your situation.
New York’s Implied Consent Law
New York has an implied consent law, meaning anyone who drives a car in the state is automatically considered to have agreed to a chemical test of their breath. This test can be requested if a police officer has reason to believe you are driving while intoxicated. You have the right to refuse, but refusal carries its own set of penalties.
Penalties for Refusing a Breathalyzer
Refusing a breath test triggers an automatic Department of Motor Vehicles (DMV) hearing. If the officer can prove you refused, your license will be revoked for one year. You will also face a civil penalty of $500. Unlike a criminal case, this penalty stays even if you are found not guilty of the DWI.
You also lose the chance to apply for a conditional license if the refusal is upheld at the hearing. That means no driving to work or school during the suspension period.
In court, prosecutors can tell the jury that you refused the test. They may argue this shows you knew you were guilty. This is called a “consciousness of guilt” instruction and can make defending your case harder.
When Refusing the Test Might Make Sense
Even though refusal has consequences, there are situations where it may still be the better choice. If you are extremely intoxicated, taking the test could confirm a very high blood alcohol concentration (BAC). In New York, a BAC of 0.18 or higher can result in an aggravated DWI charge. This is a misdemeanor that carries up to a year in jail, higher fines, and longer license revocation.
If you already have prior DWI convictions, refusing may prevent the prosecution from using more evidence against you. Your license will still be revoked, but it may help avoid the harsher criminal penalties that come with multiple convictions.
When Taking the Test May Be Better
If you believe you are close to the legal limit of 0.08, taking the test may work in your favor. Breathalyzer results are not always perfect and can sometimes be challenged in court. In some cases, a borderline result can lead to a reduced charge or even a dismissal.
By refusing, you give up the opportunity to argue about the accuracy of the results. You also risk harsher consequences from the automatic license suspension and the jury being told about your refusal.
How a Lawyer Can Help
Dealing with a DWI charge or a breathalyzer refusal can be overwhelming. An experienced attorney can represent you at the DMV hearing, challenge the officer’s proof of refusal, and build a defense in court. They can also look for ways to reduce the penalties or get the case dismissed.
Call for Help Today
If you are facing a DWI charge or have refused a breathalyzer test, it is important to act quickly. The DMV hearing must be scheduled soon after the arrest, and waiting too long could hurt your case. Call (631) 424-6444 to speak with a DWI defense lawyer who can explain your options, fight to protect your license, and defend you in court.