What are the Consequences of Refusing a Breathalyzer Test in New York?

If you refuse a breathalyzer test, you may face severe penalties in addition to the penalties you would face for a DWI. It is in your best interest to reach out to our skilled New York criminal defense attorneys if you have been charged. Our firm is dedicated to ensuring that you and your rights are protected.

What can happen if I refuse a breathalyzer test in New York?

If an individual is pulled over because of suspicion of driving while under the influence of alcohol, there is a high chance that serious penalties will result. Because of this, there is a very high probability that you may consider simply not providing a breath sample into a breathalyzer test when asked by an officer, especially if you are under the influence. This may make sense, however, it is important to note that if you do refuse a breathalyzer test, you will likely face several penalties for that choice alone. For instance, once you refuse to take a breathalyzer test, you will likely face a 15-day license suspension. Also, you will likely have to appear in court for what is commonly known as a refusal hearing. At this proceeding, there is a good chance that the judge will look to make you permanently suspend your license.

Will I go to jail if I refuse a breathalyzer test?

If you refuse to submit a breathalyzer test, you will likely be subject to several penalties. Typically, at your refusal hearing, the arresting officer will have to prove that you gave him or her reasonable suspicion to stop you, and that you refused to take the test despite being informed of the potential punishments you may face for refusing to submit to chemical testing, and that as a result, you were lawfully arrested. If the officer is able to prove all of the above factors, you will likely lose your license for at least one year, as well as face a potential $500 fine.

If this is your second or subsequent offense, you may lose your license for an even longer period of time, face higher fines, and you may even spend time in jail. If you were charged, it is critical that you retain the services of a skilled criminal defense attorney. Our firm is here to help you and ensure that you and your future are protected at all costs.

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.