Chemical Breath Test Refusal Penalties



    When a person is pulled over on suspicion of driving under the influence of alcohol, they will be required to comply with a number of tests. The officer who pulled them over will have the person suspected of being intoxicated perform field sobriety tests and also take a chemical breath test, also known as a breathalyzer.

    If the person refuses to submit to a chemical breath test, they will be facing a number of serious consequences in addition to those associated with driving while intoxicated. For a first offense refusal, an offender is subject to a $500 civil penalty as well as a license revocation for at least one year.

    If the offender has had a prior conviction of DWI within the last five years, they will be subject to a civil fine of $750 and a license revocation for no less than 18 months. For a second or subsequent chemical breath test refusal, the offender is facing a $750 civil penalty and a driver’s license revocation for at least a year.

    If a driver is the operator of a commercial vehicle at the time of the chemical breath test refusal, they will be subject to a fine of $550 if it is their first offense. Commercial drivers will lose their CDL permanently if they have refused a chemical breath test within five years of a prior DWI or breathalyzer refusal.

    If you have refused a chemical breath test, it is important that you retain the services of an experienced criminal defense attorney who can provide you with assistance.

    If you are in need of experienced legal counsel in New York State, please contact Grunwald & Seman, P.C. and we would be happy to assist you.

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