If you're wondering, yes, there are consequences for refusing a breath or blood test in the state of New York. It could mean the difference between significant prison time if, say, you were involved in a DUI, DWI, or DWAI. You are legally allowed to refuse to take these tests, but there are aspects of this scenario that many people don't take into consideration if they are potentially arrested and put on trial. 

In this blog, we will run through what happens if you refuse to take a breath or blood test within the state of NY, and how we can defend you.

Why Are People Allowed to Refuse These Tests?

In the state of NY, the limit for most drivers is 0.08%, while it is 0.04% for drivers of commercial motor vehicles. If you're under the age of 21, it is 0.02% or higher under the Zero Tolerance Law. 

The Zero Tolerance Law outlines that a BAC between 0.02% and 0.07% constitutes a violation, which would then be considered a violation of this law. Because it's a civil offense, it is handled by the DMV and not the criminal court system. You will receive a fine, suspension of your license, or worse, a DWI if they can prove it. 

If your BAC is above .05% but below .08%, you can still be charged with unsafely operating your vehicle, especially if related to a DWAI, which is just when you're driving while your abilities are impaired. 0.18% or higher is an aggravated DWI, which is the worst one.

With all this information in mind about the limits, how exactly can you refuse the tests? As we just said, there can be consequences for this, but in the state of New York, there are implied consent laws for BAC testing, and it can mean so much for you when you're put in a situation where the police might ask you to take these tests. 

The main reason why, by law, you're allowed to refuse a test is that when the police don't have reasonable grounds to believe you were driving while intoxicated or impaired by drugs at the time of arrest, you can then refuse it.

At the point in time when you might be stopped by the police and arrested, they will ask for two tests, either a portable breath test BEFORE the arrest or the chemical test at the precinct AFTER you are charged. 

What To Expect If You Refuse a Breath Test

As we said, there are consequences for refusing these tests, and we want to make sure you are aware of them. In the state of New York, refusing a breathalyzer test is a traffic infraction. Will be immediately charged with a $500 fine and a suspension of your license.

When it comes to being able to drive at all, it is possible to receive a conditional license, but that can only happen if your suspension for your current license is upheld at the DMV, and then you aren't permitted to get the conditional license.

Each DWI Scenario is Different

The only case in which someone might consider refusing the breath and chemical tests when under suspicion of DWI/DUI is if they are so intoxicated that they believe the test results would be beyond the limit for an aggravated DWI, which includes the strictest penalties. This is not a decision to take lightly. The bottom line with this is that every situation is going to be different. Whether you submitted to the test or not, your best move is to speak with qualified people on how to handle it.

Under Any Condition, We Seek to Get You the Best Result Possible.

If you are faced with a DWI or DWAI charge, you will need a quality defense attorney to help get you the best result possible. If you tested above the legal limit or refused, you may be automatically subjected to fines and suspensions of your license, but typically, you will be able to drive with a conditional license and, with the right defense approach, have your charges lowered, and thus receive a less heavy penalty.

You can read more about this on our DUI/ DWI Defense page, and we also have several Frequently Asked Questions that are very informative on this topic. We can't recommend enough that you reach out to us with any questions you may have or if you need help with a personal defense, or one for a friend or family member. We look forward to representing you in court!

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS BLOG POST IS NOT LEGAL ADVICE, DANIEL DUBOIS AND/OR ANY DUBOIS LAW ATTORNEY(S) ARE NOT YOUR ATTORNEY(S) UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.