Refusing the Breath Test

 

Implied Consent

Refusal DWI Lawyer Buffalo NY

Drivers in New York State are subject to the State's implied consent laws regarding Chemical Tests. Drivers are therefore legally required to submit to a Chemical Test if asked to do so by a Police Officer. The most common test administered is a breath test, however, sometimes a blood test is given. If you refuse to take a Chemical Test you may receive an Administrative Punishment from the DMV after a hearing. The punishment is separate from any DWI charges that may be brought against you in Court.

DMV Punishment For Refusing

A First time refusal results in your driver's license being revoked for one year (18 months on CDL) + $500 civil penalty ($550 CDL) + $250 driver responsibility assessment for three years. A Second refusal within 5 years (or DWI/DWAI conviction within 5 years) of the first refusal results in your driver's license being revoked for 18 months (permanent CDL Revocation) + $750 civil penalty + $250 driver responsibility assessment for three years.

Should I Take The Chemical Test in Buffalo NY

The answer to this question depends on the circumstances and opinions vary among lawyers. So long as you don't drive as part of your job, and can get a ride to work, I think you should ONLY BLOW if it is your first offense, there is no child in the car, you have not been drinking a lot, and there has not been any kind of accident. You may be better off taking the test in this situation because you may have the opportunity to plea to a lesser offense DWAI and you won't suffer the refusal penalty. DONT BLOW If you have a prior DWI in the last 10 years and will be charged with felony DWI, or have been convicted of DWI two or more times in the past, or have a child in your car age 15 or younger, or you are seriously drunk and likely to blow high, or there has been an accident.