refusal to take breath test dwi

The state of New York conducts drunk-driving checkpoints at random locations. Arrests and convictions from these checkpoints have become so common that many people have a story to tell. Many people think that they can refuse any chemical tests that are requested by the police officer. However, there are real consequences when you refuse a breathalyzer test. It all links back to the implied consent laws that the state uses.

Understanding The Implied Consent Laws

All licensed drivers are subject to the state’s implied consent laws in New York. Should you ever be suspected of driving under the influence of drugs or alcohol, you must submit to a chemical test to prove or disprove the suspicions. These tests can include, urine, saliva, blood, or breath tests. The officer can use whatever testing method they choose. After they make the initial traffic stop, they can choose a test for you to take. By law, you must take the test within two hours of operating the motor vehicle. Anyone who has a blood-alcohol level of .08 percent or greater will be arrested and charged with a DWI.

Many people think that they can simply refuse to take these tests in the state of New York. A person can refuse to comply with standard field sobriety tests, which includes the Horizontal Gaze Nystagmus, Walk and Turn, and One-Leg Stand; however, you cannot refuse a chemical test without facing consequences. New York criminal defense attorneys want people to know about the penalties that come with refusing a breathalyzer test. There are many legal consequences of refusing chemical testing, these can be added to a conviction of DWI.

The Consequences of Refusing Breath Tests

The consequences of refusing to take such tests are expensive. First, your driver’s license is automatically suspended for a one-year period. Next, you are expected to pay a fine of $500 for any violation of the state’s implied consent laws. Lastly, if a person refuses more than one time, each additional infraction comes with an 18-month suspension and a fine of $750. The $750 fine will also apply to anyone that refuses a chemical test for the first time, but they had previous DWI convictions within the last five years. Basically, it is going to cost a bunch of money for not cooperating.

The Penalties Attached To A Refusal

Though these penalties are not as serious as being charged with a DWI, the prosecution will use your non-compliance against you. It is used to help prove your guilt in the matter. The court and another legal team will think that you are refusing because you have something to hide. Because of the ramifications that come along with refusing a breathalyzer test, it is not in your best interests to refuse them. If your blood alcohol level is over the legal limit, and you are afraid you will get in trouble, then it is better to call a New York criminal defense attorney. An attorney can question the validity of the test if you have failed it. Challenging the test will look better for your case than refusing to take it. A lawyer can work with a failed test, but there is little that can be done to defend a refusal.

Having An Attorney To Help Is Vital

A criminal defense attorney from the state of New York will be able to help in these delicate matters. Many people need work privileges to get to work. Since a DWI comes with a mandatory license suspension, it is important to have an attorney working hard on your side. You need a strong legal strategy on your behalf if you want to put this entire situation behind you.