New York DUI/DWUI/DWAI: What Are The Consequences for Refusing To Take a Breath, Blood, Urine, or Saliva Test?

One of the most frustrating things for New York drivers is being pulled over for suspicion of DUI/DWI/DWAI. Due to the frustration and confusion that comes with being stopped by a police officer, you might feel tempted to refuse to take a breath, blood, saliva, or urine test, depending on what the officer will request.

Considering New York’s implied consent law, when a police officer with probable cause to believe that you are driving while under the influence stops you, you are required by law to submit to a chemical test. Under the implied consent law, when you drive a car in New York, the law automatically assumes that you have already consented to take these tests whenever the need to do so arises.

In New York, an officer will ask you to take a chemical test (blood, breath, urine, or saliva) at the police station after an arrest. Apart from that, they might also ask you to take a pre-arrest breathalyzer test. Refusing to take these tests holds grave consequences.

What Are The Consequences for Refusing To Take a Breath, Blood, Urine, or Saliva Test?

It is not uncommon for New York drivers to refuse to take these tests, but just like with other laws, refusing to take the tests comes with penalties. A person who refuses to take a breathalyzer or chemical test risks facing the following consequences:

• The first time you refuse to take a chemical or breathalyzer test in New York, you risk having your license suspended for twelve months.
• If a refusal is not your first, you risk having your license suspended for 18 months if the prior refusal happened within the last five years.
• If a refusal is not your first, and the authorities discover that you have had a DWI conviction within the last five years, you also risk having your license suspended for 18 months.
• Drivers stand to pay a fine of $500 for a first refusal, whereas those with prior DWI convictions or refusals within the last five years stand to pay a fine of $750.

Additionally, you risk having your license permanently revoked in a situation where you refuse to take a breathalyzer or chemical test, and yet within the last four years, you have refused to take the tests twice and have had two DWI convictions. Even in a situation where you have had one refusal and one DWI conviction within the last four years, your license can still be permanently revoked.

Remember that whether or not you are found guilty of DUI/DWI/DWAI, you will still face the above penalties if you refuse to take a chemical or breathalyzer test in New York.

Nonetheless, your license can only be suspended if, upon stopping you, an officer told you about the consequences of refusing to take the test.

Contact Us Today for Help with Your Case

If you have been charged with driving while under the influence or test refusal, you need to protect your rights. Contact experienced NYC DUI/DWUI/DWAI lawyer Mark I. Cohen, Esq. at 212-732-0002 to receive help with your case.

Resource:

dmv.ny.gov/tickets/penalties-alcohol-or-drug-related-violations