You Have the Right to Refuse the Breathalyzer Test
Simply by driving on New York roads, the law says that you have given your implied consent to take blood alcohol content (BAC) tests if a law enforcement officer pulls you over on suspicion of driving while intoxicated (DWI) or driving while ability impaired by drugs (DWAI-drugs). You have the right to refuse to take these chemical tests, however, and you may request a lawyer before you do.
The attorneys at Silver, Forrester & Lesser, P.C., understand all aspects of DWI/DUI arrests, including breath test refusal. Our criminal defense lawyers are former Orange County assistant district attorneys. With this experience, we can anticipate the prosecution's strategy and work to counteract it. To schedule a consultation with a New Windsor implied consent attorney, please call 845.764.4757 or toll free at 866.687.1338, or contact us online.
Protecting Your Driver's License After a DWI Arrest
Driving in New York implies that you give your consent to take a chemical test (blood, breath or urine) if you are stopped with reasonable cause for drug or alcohol driving offenses. The law also includes your implied consent to be stopped and tested at DWI checkpoints.
There are pros and cons to chemical test refusal. If you do not take the tests, the prosecution will have less evidence against you. However, the consequences of refusing breath, blood or urine tests are harsh. The penalties for a first refusal are a $500 fine and a driver's license revocation of at least one year.
If the officer who stops you gives you the proper warning about the consequences of refusing the tests, your driver's license will be taken. You will be given notice at your arraignment of an administrative hearing with the DMV to be held within 15 days. This hearing will determine whether your license will be revoked. Your license may be revoked even if you are not convicted of DWI in the criminal proceedings.
Our attorneys represent people at DMV license hearings, as well as throughout the criminal stages of a case. Having representation is critical to protecting your license and your rights. If you refused chemical tests, call a lawyer as soon as possible.
Contact Silver, Forrester & Lesser, P.C. — Orange County DUI/DWI Chemical Test Attorneys
To schedule a consultation, please call 845.764.4757 or toll free at 866.687.1338, or contact us online.
