Breathalyzer Test Refusal – How it Affects a DWI Case

If a police officer suspects you have been intoxicated while driving, then he might ask you to take a breathalyzer test to determine your BAC (Blood Alcohol Concentration) level. If your BAC level is more than 0.08% then you might be subjected to further tests like blood and urine test and later arrested for DWI.

What happens if you refuse in New York?

Under New York state law, you are required to take the breathalyzer test when an officer stops you and ask you take the test. If you refuse, then your license is suspended for 1 year and you will owe the state $500 if it is your first refusal. If it is your second or third refusal then your license will be suspended for 18 months and the fine is $750.

Can you refuse to take a breathalyzer test in New York?

It usually does not help you to refuse to take a DWI test. If you refuse to take the test, then it becomes easy for the prosecutor to argue that you knew that you were drunk, and because of that you refused to take the test. Also, refusing the test does not guarantee you that you won’t be convicted and if convicted you may have to face jail time for up to a year, or a fine up to $1,000, or both.

Get the help of DWI lawyer NYC, New York

If are accused of refusing a DWI test or disputing the results of the test, get the help of an experienced NYC DWI lawyer. Unlike other traffic related arrests, it is not easy to fight a DWI accusation without legal help especially if the incident involved injury to people or property, or if it’s your second or subsequent DWI.

If you want to avoid sentencing or even reduce it to fines and probation, contact Mr. Paul D. Petrus Jr., the experienced NY DWI attorney immediately. He can help you with his experience in all types of criminal areas both in federal and state courts. Call at 212-564-2440 for free initial consultation.

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