Should You Refuse the Breathalyzer in 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 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.
