Should I Refuse a Breathalyzer Test if I Get Pulled Over For a DWI in New York?

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Should I Refuse a Breathalyzer Test if I Get Pulled Over For a DWI in New York?

It is well known that it is illegal for anyone to drive a vehicle while under the influence. Drivers who suspect a person is intoxicated behind the wheel will ask them to take a breathalyzer test. This requires them to blow into a machine that lets the officer know their blood alcohol concentration (BAC). If a person knows they have been drinking and may blow a percentage over the legal limit, they may choose to refuse the breathalyzer test. It is important to know that, in most cases, this will not work in your favor if you choose to do so. This is because you can receive an immediate 15-day suspension the moment you refuse. Within this time, you are required to attend a court date regarding the incident. Continue reading below and contact an experienced New York criminal defense attorney to learn more. 

What is a Refusal Hearing?

When a driver who refused a breathalyzer test is required to attend court, it is known as a refusal hearing. During this time, the arresting officer is required to prove they had reasonable suspicion to stop the driver for driving while intoxicated and was therefore lawfully arrested. If they are able to do so, it is possible and likely that the driver can receive a license suspension for one year. In the event that it is their first offense, they can face civil fines up to $500 as well. However, if it is their second, third, or subsequent offense, the driver can expect to lose their license for an even longer period of time. It is even possible to lose their license for life. 

Regardless of the degree of the offense, a license suspension can harm a person’s reputation, cause them to lose their job, and more. It is because of this that it is critical for those facing these situations to retain the services of a skilled and aggressive criminal defense attorney who has the knowledge it takes to fight these charges. 

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If you or someone you know was charged with a crime, contact Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.

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