Refusing The Breathalyzer

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.

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.

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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 you can get a ride to work, I think you should take a chemical test 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. DON'T take a chemical test 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 a have high blood alcohol content, or there has been an accident.

Refuse Breathalyzer NY

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