If you’ve ever been pulled over in New York and the officer suspects you of being intoxicated, one of the first things they would ask you to do is take a breathalyzer test. While you would normally oblige the officer’s request, is it possible to refuse to take the test? And if you do refuse, what are the consequences of said refusal? In this post, the team at Gabriel Law will be stepping into the shoes of a New York City auto accident attorney, and we will be walking you through New York’s laws on the matter and the potential impacts your refusal can have on your license, insurance, and criminal record.
What is New York’s Implied Consent Law?
When it comes to the act of driving, New York’s implied consent law considers that you have already given your consent to chemical testing (blood, breath, urine, or saliva) if a police officer stops your vehicle, and has probable cause to believe that you are driving while under the influence of drugs or alcohol.
What are the consequences of refusing a breathalyzer test?
Since New York’s implied consent law is in effect, you are not allowed to refuse a breathalyzer test administered by a police officer. As your Queens car accident lawyer, it is our job to let you know that the refusal carries significant weight and can have serious long-term consequences. They include
- Fines and Suspensions – A one-year revocation of your driving license along with a $500 fine. Plus, you will also be required to pay additional administrative fees, such as a $250 driver responsibility assessment each year for up to 3 years and a $100 reinstatement fee. If it is a second refusal within five years, the penalties can increase to an 18-month license revocation and a $750 fine.
- No Conditional Licenses—You will not be allowed to obtain a conditional license, even for purposes such as work and school, for the duration of the suspension.
- Arrest—You can be arrested and charged with Driving While Intoxicated (DWI) or Driving While Ability Impaired (DWAI), possibly placing a permanent mark on your criminal record.
- Implied Guilt—If your case goes to trial, your refusal to submit to a breathalyzer test can be used against you to show your guilt, suggesting that you refused knowing you were over the legal alcohol limit.
- Higher Insurance Premiums—You will be considered a high-risk driver, and your insurance premiums will go up.
- Reduced employment prospects—Being charged with a DWI or DWAI can significantly impact your employment prospects, especially in sectors that require driving privileges and clean criminal records.
Conclusion
First of all, think twice before you drink and drive, because if you are stopped and you refuse to submit to a breathalyzer, the consequences will be swift and painful. At the end of the day, the course of action is to comply and prepare yourself for the legal battles ahead.
If you are looking for a representative to handle your DWI matters, then contact us at Gabriel Law. As a personal injury law firm in NYC, we guide our clients through all sorts of cases, including DWI incidents. Our attorneys know how to challenge the basis of testing and build strong cases to protect your rights and secure the future. Contact us, schedule a free consultation, and experience the complete, experienced, and compassionate advocacy that Gabriel Law offers.
