One of the Hudson Valley’s Most Respected Criminal Defense Law Firms, We Represent Those Charged with Refusing a Breathalyzer or Chemical Test
Our founding lawyer has won major acquittals for clients throughout the Ulster, Dutchess, Sullivan, Rockland and Orange County NY area.
Because driving is a privilege, and not a constitutional right, the DMV in issuing a driver’s license to you, does so on the condition that you consent to a breathalyzer or chemical test when suspected of driving while intoxicated or under the influence. While the police cannot force you to submit to these tests, there are substantial penalties for refusing to do so.
New York’s Penalties for Refusing to Submit to a Breathalyzer or Chemical Test
DWI
Under Age Offenders.
First Offense
- License revocation for at least 1 year
- $300 civil penalty
- $100 fee
Subsequent Offenses
- License revocation for at least 1 year
- $750 civil penalty
- $100 fee
Over 21 Offenders.
- First Offense
- License revocation for at least 1 year (18 months for commercial drivers)
- $500 civil penalty
Subsequent Offenses
- License revocation for at least 18 months (permanent CDL revocation)
- $750 civil penalty
For repeat offenders, a chemical test is considered a second offense if, within the past 5 years, your license has been revoked for a prior refusal or you were convicted of a DWI related offense.
It is important that you understand that a license revocation for refusing to submit to a chemical test is a civil penalty, and has nothing to do with the punishment of your criminal proceeding. The determination regarding your license status is made at a Refusal Hearing.
Why You Should Retain an Attorney for Your Refusal Hearing
If you refuse to submit to a chemical test, you have the right to a Due Process hearing before the Department of Motor Vehicles. Whether or not your license will be revoked will be determined at this time. The penalties are harsh. You should not represent yourself. Our firm has extensive experience representing DWI / DUI clients at refusal hearings.