You are legally allowed to refuse a breathalyzer test. Refusing a breathalyzer test doesn’t mean you will avoid charges, and you could receive the following penalties:

License Revocation: Your driver’s license will be suspended for a year. Suspension for a commercial driver is 18 months.

Fines: You may be subjected to a $500 fine, and for a second time refusal it is $750.

Second Refusal: If you are older than 21, and if you have a second refusal within 5-years of the first, then your license will be revoked for 18 months. Revocation is permanent for a commercial driver. If you are younger than 21, and if you have a second refusal within 5-years, then your license will be revoked for a year or until you turn 21.

If you are younger than 21, and refuse to take a breathalyzer test, then you might have to pay a $300 fine under the Zero Tolerance Law. This law applies to any person younger than 21, who operates a vehicle while having a blood alcohol concentration of at least (BAC) .02% but not more than .07%.

Hire a New York DWI Defense Attorney

If you are facing a DWI charge or refused to take a breathalyzer test, then contact New York criminal defense lawyer, Mr. Paul D. Petrus Jr. Call 212-564-2440 for a free initial consultation.