What to Know About Refusing a Breathalyzer Test in New York



    If law enforcement pulls over your vehicle with the suspicion that you are driving under the influence of alcohol, the officer will likely ask you to submit to chemical testing via a breathalyzer test. Some drivers may contemplate refusing to submit to this testing if they are, in fact, under the influence. However, it is important to know that this will likely not work to your benefit. Refusal to submit to chemical testing will likely result in you being presumed guilty. This will result in an immediate 15-day license suspension. You will also be required to attend a court hearing with 15 days. The court hearing will determine if you will face criminal charges. It will also determine if you will either keep or lose your driver’s license for a longer period of time.

    To learn more about what will happen after refusing a breathalyzer test and what to expect in a refusal hearing, continue reading and contact our New York criminal defense attorney. Our legal team is prepared to walk you through the steps ahead.

    What can I expect in a hearing after refusing a breathalyzer test?

    You will first need to retain the services of an experienced criminal defense attorney. You and your attorney will attend the refusal hearing. The arresting officer will attempt to provide reasonable suspicion for the stop and that they warned you about the ramifications of resuing to submit to chemical testing and you did so anyway, warranting a lawful arrest. Your attorney will work to disprove the arresting officer.

    If the police officer is successful in proving these factors, you will likely lose your license for up to a year. If this is your first offense DWI, you will face civil fines of $500 and a one-year license suspension. If this is your second or third DWI or refusal to submit to a chemical testing charge, you will face at least an 18-month license suspension.

    It is important that you reach out to an attorney who has experience handling such hearings and will do everything in their power to prevent these penalties from happening. If you have any further questions regarding the process ahead and the refusal hearing, contact our firm. Our legal team is prepared to explore all avenues of defense on your behalf. Pick up the phone and give us a call today.

    Contact our Firm

    Criminal matters can change the course of your life forever. This is why you need an experienced attorney who will aggressively combat your charges to help mitigate their long-term effects. If you are in need of experienced legal counsel for a criminal defense matter on Long Island or throughout New York State, please contact Grunwald & Seman, P.C. to schedule a consultation. We would be happy to assist you.

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