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Tuesday, October 4, 2016

Can You Refuse A Breathalyzer Test?



You can refuse to take a breathalyzer test under most circumstances, but since New York has something called implied consent, that course of action will come with serious consequences. Like its name suggests, implied consent means that you have made an implicit agreement with the state of New York whenever you get behind the wheel of your car that you will submit to chemical testing, whether that means a blood, a breath, a urine, or a saliva test, in order to determine the amount of drugs and alcohol in your system so long as a police officer makes an appropriate request for you to do so. As a result, if you refuse to take a breathalyzer test, your refusal will be treated as a traffic infraction.

What Are The Consequences Of Refusing A Breathalyzer Test?


Traffic infractions are a serious matter. In the state of New York, your first refusal can get you a one-year suspension of your driver's license, while both your second and your third refusals can get you an 18-month suspension of your license as long as you have had either a refusal or a DWI conviction within the last 5 years. However, you should know that your driver's license cannot be suspended for the refusal to take a breathalyzer test unless you are warned about the consequences by a police officer after you have done so. Furthermore, if you refuse to take a breathalyzer test when you have had either two refusals, two DWI convictions, or one of each incident within the last four years, your driver's license can be permanently revoked.

When Are You Not Allowed To Refuse A Breathalyzer Test?


Finally, you should know that there are circumstances when the police can force you to take a breathalyzer test or some other kind of chemical testing. For example, if you get into an accident in which someone is either killed or seriously injured while driving under the influence, the police can and will get a court order to allow them to take the necessary sample from you by using force if necessary.

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
914-888-2430

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
718-395-4770

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
203-697-8604

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