When faced with a DWI or DWAI arrest in New York, you’ll likely be asked to submit to a chemical test, such as a breathalyzer, blood, or urine test. Refusing this test can lead to significant penalties, even if you’re not ultimately convicted of impaired driving. Let’s explore the consequences of chemical test refusal and what you should do if you’re facing these issues.
What is Chemical Test Refusal?
Chemical test refusal occurs when a driver refuses to submit to a legally requested chemical test to determine their Blood Alcohol Content (BAC) or the presence of drugs in their system. Under New York’s implied consent law, drivers are deemed to have given their consent to these tests when operating a motor vehicle.
The Consequences of Refusing a Chemical Test
Refusing a chemical test carries severe penalties, even if you’re not convicted of DWI or DWAI:
- License Revocation: Your driver’s license will be revoked, typically for one year for a first refusal and 18 months for a second refusal within five years.
- Civil Penalty: You may face a civil penalty.
- Mandatory Drinking Driver Program (DDP): You may be required to complete a DDP.
- Ignition Interlock Device: Upon license restoration, you may be required to install an ignition interlock device.
- Increased Insurance Rates: Your insurance rates will likely increase significantly.
- Refusal as Evidence: The prosecution can use your refusal as evidence of guilt in court.
Why Refusal is Still a Serious Offense
Even if you believe you’re not impaired, refusing a chemical test can still have serious consequences. The law treats refusal as an admission of guilt, and the penalties are designed to deter drivers from avoiding testing.
Defense Strategies for Chemical Test Refusal
While refusing a test has serious consequences, a skilled attorney can still help you navigate the legal process. Potential defense strategies include:
- Challenging the Legality of the Arrest: Questioning whether the initial stop and arrest were lawful.
- Demonstrating Medical Reasons: Showing that a medical condition prevented you from completing the test.
- Contesting the Clarity of the Request: Arguing that the officer’s request for the test was unclear or ambiguous.
- Technical Issues: Challenging the machines used to administer the tests.
Understanding Related Charges
It’s important to understand the distinctions between chemical test refusal, DWAI/Alcohol, DWAI/Drug, DWAI/Combination, and standard DWI. Also, be aware of the zero tolerance law, and Aggravated DWI possibilities. If you are an out of state driver, ensure you understand how the refusal will impact your home state.
Why Choose James Medows?
James Medows is an experienced New York traffic attorney who understands the complexities of chemical test refusal cases. He can help you navigate the legal process and protect your rights.
Don’t Let a Chemical Test Refusal Ruin Your Driving Privileges
Refusing a chemical test can have serious and long-lasting consequences. Contact James Medows today for a consultation and let him help you protect your driving privileges and your future.