When a law enforcement officer stops you, it can be overwhelming. The encounter makes you nervous, especially when they ask you to submit to a blood test.
In your mind, you think that refusing the test will prevent a driving while intoxicated (DWI) charge. Choosing this approach can, unfortunately, lead to unfavorable consequences.
Consequences of a refusal
In New York, you have given your consent to a chemical test after getting a driver’s license. This means that you are deemed to have given consent if a police officer has reasonable grounds to believe you are drunk driving.
While the police cannot force you to take the test without a court-ordered warrant, refusing for the first time can result in these:
- You will face one year or 18 months of driver’s license revocation if you hold a commercial driver’s license (CDL).
- You must pay a $500 civil penalty fee and an additional mandatory Driver Responsibility Assessment of $250 per year for three years.
- Your refusal can become evidence against you at trial to show consciousness of guilt.
Even if the courts find you not guilty of the DWI, you can still lose your license at a Department of Motor Vehicles refusal hearing for violating the law.
The impact of a refusal on your career
Unlike a standard DWI charge where you might be eligible for a conditional or hardship license to drive to work, a refusal often makes you ineligible for these privileges for the entire duration of the revocation period. This means you can face significant disruptions to your professional commute. Additionally, if you are a CDL holder, you will not be able to return to work.
Protecting your livelihood
If an officer asks you to take the test, it is generally advisable comply. While doing so can lead to a DWI charge, you can find a defense that challenges it. Seeking legal counsel would be wise to learn more about your options.