Facing a DWI suspicion in New York can be a nerve-wracking experience. One of the first things you might encounter is a request for a breathalyzer test. While you may be tempted to refuse, understanding the legal implications is crucial for making an informed decision.
New York’s Implied Consent Law:
New York operates under implied consent laws. This means that by driving on the state’s roadways, you implicitly consent to chemical testing (breathalyzer, blood test) if a lawful arrest for DWI occurs. Refusing the test will not prevent the arrest, but it will come with its own set of consequences.
Penalties for Refusing a Breathalyzer Test in New York:
- License Suspension: Refusing a breathalyzer test in New York will result in an automatic driver’s license suspension. The length of suspension varies depending on whether it’s your first offense:
- First Offense: One-year license revocation (no conditional license possible).
- Repeat Offense (within 5 years): Eighteen-month license revocation.
- DWI Conviction: A refusal can still be used as evidence against you in court if you are ultimately charged with DWI. The prosecutor may argue that your refusal suggests guilt.
Should You Refuse a Breathalyzer Test?
This is a complex decision that depends on the specifics of your situation. Here are some factors to consider:
- Your BAC Level: If you believe your BAC is significantly above the legal limit (0.08%), refusing the test might be strategically beneficial. However, an attorney’s guidance is crucial.
- Potential Inaccuracy of Breathalyzers: Breathalyzers are not infallible and can be influenced by certain factors. Consulting an attorney about potential inaccuracies might be a reason to refuse.
Remember: Consulting with an experienced DWI attorney in New York is vital before making any decisions. They can analyze your situation, advise you on the legal ramifications of refusal, and explore potential defense strategies.
James Medows, ESQ. is a skilled DWI defense lawyer in New York. We offer free consultations to discuss your case. Contact us today and let us help you navigate this challenging situation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney for personalized legal guidance.
