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Refusing a breath test in New York

On Behalf of | Apr 21, 2017 | Drunk Driving |


Getting pulled over and being forced to undergo DWI tests can be scary. For many in New York, this is not something they ever expected to face and so they do not know how to proceed. But they often know one thing — they wish to avoid the consequences that come with a DWI at all costs. The penalties associated with such a charge can be damaging in multiple ways. They can damage a person’s reputation. They can damage a person’s pocket book with hefty fines. Thankfully, there are certain steps a person can take to try to avoid these penalties.

One question many have after being pulled over and accused of drunk driving is whether or not to refuse a breath test. New York has what are called “implied consent” laws. That means that it is possible to have a license revoked for refusing to take a breath test. If there is an already existing DUI charge on the person’s record, they may face jail time for refusing the test.

According to the National Highway Traffic Safety Administration, around 20 percent of people refuse to take a breath test when asked to by police. In New York, DWI charges starts with a six-month license suspension for a first time drunk driving offense. Then it jumps to a one-year penalty. Then, finally, it is six years. Plus, it is possible to have a vehicle confiscated after a second offense. And it is possible to have an ignition interlock device installed.

To avoid the penalties that come with a DWI charge, it often takes strong representation. Attorneys are available to help those facing DWI charges to build cases that poke holes in the evidence and question the way in which the incident occurred.

Source: FindLaw, “Can I refuse a breathalyzer test?,” Accessed on April 17, 2017