The Consequences of Refusing a Breathalyzer Test in New York
When pulled over on suspicion of drunk driving in New York, the state’s implied consent law immediately applies: by driving here, you’ve already agreed to submit to chemical testing of your breath, blood, urine, or saliva when an officer has reasonable cause to suspect impairment. But what happens if you refuse? Here’s what you need to know. For personalized advice and immediate assistance in Orange County and the Mid-Hudson Valley, contact Dupée & Monroe, P.C., to speak with a skilled and experienced Goshen DWI defense lawyer.
1. Implied Consent Means Refusal Is Not Risk-Free
Legally, you can refuse, but doing so carries immediate and stiff penalties. Upon refusal, officers will notify the DMV, initiating administrative sanctions independent of any criminal charges.
2. License Revocation and Fines
The first refusal—whether breath, blood, or urine—triggers a one-year license revocation and a $500 fine, plus additional administrative fees such as a $250-driver responsibility assessment each year for three years and a $100 reinstatement fee. If this is a second refusal within five years, penalties escalate to an 18-month revocation and a $750 fine.
3. No Conditional License
Refusal to take a chemical test cuts off eligibility for a conditional or restricted license, even for work or school purposes, for the full period of suspension or revocation.
4. Civil, Not Criminal, but Still Serious
Test refusal is considered a civil (administrative) violation, not a criminal offense. That said, you can still be arrested and criminally charged with Driving While Intoxicated (DWI) or Driving While Ability Impaired (DWAI) based on other evidence like behavior, field sobriety test results, or accident scene indicators.
5. “Common‑Law DWI” Could Be Charged
If no BAC is available due to test refusal, prosecutors may bring a “common-law DWI” charge, a misdemeanor treated similarly to a standard per se DWI (BAC ≥ 0.08%). Convictions carry a six-month license suspension and up to one year in jail.
6. A Statement of Guilt in Court
Refusing a breathalyzer may be used at trial to suggest consciousness of guilt. New York courts allow prosecutors to present refusal as evidence, suggesting you knew you were over the limit.
7. Strategic Considerations
Whether to refuse depends on your perceived impairment:
- If sober or just under the limit, taking the test gives a chance for a DWAI or even no charge, with any resulting penalties being less severe than what refusal can bring.
- If very intoxicated (especially BAC well over .18%), refusing might avoid aggravated DWI charges tied to high BAC levels. However, refusal penalties still apply, and evidence like blood tests or officer observations may still lead to charges.
8. The DMV Refusal Hearing
After a refusal, the DMV schedules an administrative hearing to revoke your driver’s license. You can challenge the revocation by disputing whether the officer had reasonable grounds or whether you were adequately informed of the consequences. Professional legal help is important, as it can sometimes overturn or reduce sanctions.
9. Under-21 Drivers Face Even Stricter Rules
Minors are not exempt from the implied consent testing requirement. Under New York’s zero-tolerance law, drivers under 21 with any detectable BAC face penalties. If they also refuse testing, they face the same one-year revocation, which might even last until they turn 21, along with stiff financial penalties.
10. Aftermath: Insurance, Employment & Interlocks
Being flagged for refusal carries additional long-term consequences:
- Insurance premiums will spike, and you may find it hard to retain coverage.
- Employment impact could be substantial, especially for jobs that require driving privileges or clean legal records.
- Ignition Interlock Devices (IIDs) may be required when your license is reinstated, depending on your specific case.
Conclusion: Think Twice Before Refusing
Refusing a breathalyzer in New York triggers swift administrative penalties, limits on driving, and potential criminal exposure. Drivers must weigh the risk: consenting can provide BAC numbers to challenge, while refusal removes one line of prosecutorial evidence but doesn’t erase liability.
If you’re unsure, the best course is to politely comply, but if you choose to refuse, you should be prepared to fight the administrative penalties and the criminal case that may ensue.
How Dupée & Monroe, P.C. Can Help
At Dupée & Monroe, P.C., we guide clients through both the DMV refusal process and any subsequent criminal charges. Our attorneys know how to challenge the basis for testing, the administration of the test, and the procedural aspects of hearings. Especially in serious or under-21 cases, a swift and strategic legal response can protect your rights and future.
Have you refused a chemical test or been charged with DWI/DWAI in Orange County or the Hudson Valley? Contact Dupée & Monroe, P.C., in Goshen for a confidential consultation. We’re dedicated to defending individuals with experienced, compassionate advocacy.
