Refusing a chemical breath test in New York can lead to serious consequences for a driver’s license. Under the state’s implied consent law, operating a vehicle already means you have agreed to chemical analysis if the police suspect you were driving a vehicle while impaired or intoxicated. The effects generally apply to refusing an authorized chemical test after an arrest. A roadside portable breath test might involve different rules and consequences.
Aftermath of a refusal
Refusing an authorized chemical test could trigger a separate administrative process involving the driver’s license, even if the person also faces a DWI charge. The consequences for refusal can happen long before you are convicted of a crime. At the arraignment, the court might temporarily suspend your driver’s license while the refusal matter proceeds to a Department of Motor Vehicles (DMV) hearing. Potential penalties for first-time refusal of a breathalyzer test could include:
- License revocation: If the DMV confirms the refusal, a first refusal may result in license revocation for at least one year. Longer periods may apply in certain situations.
- Civil penalties: A refusal finding can result in a mandatory civil penalty. The amount may depend on the driver’s history and other circumstances.
- Limited driving privileges: A refusal-related revocation may affect eligibility for a conditional license or other limited driving privileges.
- Separate DWI case: Refusing the chemical test does not automatically prevent a DWI prosecution. Prosecutors may rely on officer observations, driving behavior, field sobriety test results, video footage and other available evidence.
After arraignment DMV generally schedules a refusal hearing to determine whether the license revocation should take effect. The hearing is typically scheduled within 15 days, although scheduling and adjournment might affect the timeline. At the hearing, a DMV administrative law judge evaluates whether the police officer had reasonable grounds for the stop, provided proper refusal warnings, conducted a lawful arrest and the driver refused the test. The license penalties will be sustained if the evidence supports all these criteria.
Protecting your future
Refusing a breath test doesn’t protect you from DWI; it only makes the legal situation more complicated. If you are facing a similar charge and want to protect your peace and future, seeking the guidance of a skilled legal professional could explain how the refusal proceeding and DWI charge may affect a driver’s options.