Should I Refuse to Take a Breathalyzer Test if I am Pulled Over For Driving While Intoxicated?

There are few scenarios more frightening than being pulled over by a police officer, especially if that officer suspects you have been driving under the influence of alcohol. When an officer suspects this, he or she will ask you to take a breathalyzer test, wherein you will blow into the machine that informs the officer of your Blood Alcohol Content, or BAC. Oftentimes, people who have been drinking will refuse to blow into the breathalyzer, for they know they will blow over the legal limit. However, in most cases, doing so will not work in your favor. From the moment you refuse to take a breathalyzer test, you will receive a 15-day license suspension, and within those 15 days, you will attend a court date wherein a judge will most likely make your license suspension permanent. Please read on and speak with our knowledgeable Rockland County criminal defense attorney to learn more about the process ahead.

What happens at a refusal hearing?

At the hearing, the arresting officer must prove you gave him or her reasonable suspicion to stop you, you were then warned about the penalties for refusing the test, you refused the test anyway, and were, therefore, lawfully arrested. If he or she can prove all this, you will most likely receive a one-year license suspension. This is why it is so critical you retain the services of an experienced Rockland County criminal defense attorney who has what it takes to fight these charges and disprove at least one of the elements in question.

If this is your first offense, you will face civil fines of up to $500 and lose your license for one year. However, if this is your second, third, or subsequent offense, you can expect to lose your license for even longer, and perhaps for life. No matter your offense, a license suspension can hurt your reputation, cause you to lose your job, and more. There are few things worse than receiving a DWI, which is why you need an experienced attorney on your side today. Attorney Spector is here to help.

For additional information concerning DWIs in New York State, read Attorney Spector’s Ultimate Guide to NYS DWIs.

Contact our experienced Rockland County firm

Those facing criminal charges in New York need a strong Rockland County defense attorney who knows the ins and outs of the criminal justice system. Fortunately, our firm is ready to put over 30 years of experience to work for you. Call today or contact The Law Office of Carl Spector online to schedule a free confidential consultation. We are ready to help you go on living life positively, happily, and free from the burdens of a criminal conviction–all you have to do is ask.