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Sunday, May 22, 2016

Can I Refuse A Breath, Blood and Urine Test When Stopped For Alleged DWI in New York?

Yes, you can refuse these tests. But beware of the consequences.

You may still be arrested for DWI based on other observations made by the police officer, which include your behavior, eyes, speech, and performance in a field sobriety test. This can lead to criminal charges for DWI, and you will be required to appear at arraignment to defend these charges.

Refusing to submit to the test also enacts another charge.

Implied Consent in New York For Drivers

In New York, a condition of having a drivers license is that you imply consent to submit to a test if requested by a police officer.

If you then decide to refuse the test, you will likely be charged with a separate administrative action of Refusal To Take A Chemical Test. Note, this is not the same criminal charge as a DWI. In fact, two weeks after your criminal DWI arraignment, you will need to appear before the DMV for what is called a refusal hearing.

If your refusal took place in Westchester County, you will need to appear at the Yonkers DMV, usually on a Monday or Wednesday. An administrative judge will be assigned the case and will hear testimony as to what your reason was for refusing submission to one of the several chemical tests.

What Are The Penalties and Consequences Of Refusing A Breath Test?

While refusing a breath test, or other chemical test, is not as serious as your DWI charges, the penalties associated with the refusal and administrative action at the DMV, are not to be taken lightly.

Should the judge find that you refused the test with no good basis, you may lose your license for a specified time period. If you have a commercial license, this will be a period of 18 months. Obviously this has very serious employment consequences. If you hold a regular license, the suspension is 12 months.

I Refused A Blood, Urine or Breath Test, What Should I Do Now?

Your first step is to contact an experienced DWI Lawyer. You may be facing both of these hearings (a criminal drunk driving charge and an administrative refusal to take a chemical test charge). As stated, both carry serious consequences that may effect your livelihood.

You will need to mount a vigorous defense. A DUI attorney can help you do this. There are several strategies available to contest the charges.

Start documenting and trying to remember every interaction with the police officer that night. Even prior to the stop or checkpoint. This evidence will be important to your defense strategy.

Need Help With Your DWI Arrest Or Refusal Charges?

If your arrest occurred in Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577

If your arrest occurred in Queens, NY, contact our DWI lawyers at this office: 

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102

If your arrest occurred in Long Island, NY, contact our DWI lawyers at this office: 

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797