What Happens if I Refuse to Take a Breathalyzer Test in New York?

When someone is stopped under the suspicion of driving while under the influence of alcohol, there is a very good chance that very serious penalties may ensue. That being said, for this reason, there is a very good chance that you may consider simply not providing a breath sample into a breathalyzer test when asked, especially if you are, in fact, under the influence. While this may seem like it makes sense, the truth is, generally speaking, if you refuse to take a breathalyzer test, there is a very good chance that you will face a wide array of penalties for that action alone. For example, once you refuse to take a breathalyzer test, you will face an automatic 15-day license suspension. From here, you will also have to attend a court hearing known as the refusal hearing. At this hearing, there is a very good chance that the judge will seek to make your temporary license suspension permanently. Rather obviously, the consequences you are currently facing require the assistance of an experienced Rockland County criminal defense attorney, and our firm is ready to help. Please continue reading and speak with our firm to learn more about the legal process ahead.

Can I go to jail if I refuse to take a breathalyzer test in New York?

There are many penalties you may face if you are convicted of refusing to submit to chemical testing. Essentially, at your refusal hearing, the arresting officer will have to demonstrate that you gave him or her reasonable suspicion to stop you, and that from there, you refused to take the test even after being informed of the potential penalties you may face for refusing to submit to chemical testing, and that therefore, you were arrested lawfully. As long as your arresting officer can prove all of the aforementioned factors, you will most likely lose your license for at least one year, as well as face a potential $500 fine. Furthermore, if this is your second or subsequent offense, you may lose your license for a far longer period of time, face higher fines, and you may even spend time in jail. Our Rockland County criminal defense attorney is here to work to disprove any of the aforementioned elements needed to convict you of refusing to submit to chemical testing. If you have any additional questions, or you are currently facing these charges or any other DWI-related charges, our firm is here to help. All you have to do is give us a call.

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.