A DUI stop can happen to anyone. Flashing lights in the rearview mirror. A police officer knocking on the window. A request to take a breath test. In that moment, a simple decision can have serious consequences. Refusing a DUI test might seem like a way to avoid trouble, but it comes with its own set of penalties. It is important to understand the risks before making that choice.
What Happens When You Refuse a DUI Test?
Saying no to a DUI test does not mean the problem goes away. In New York, drivers agree to implied consent when they get their license. This means that by driving, they automatically consent to a breath or blood test if police suspect DUI. Refusing the test can result in automatic penalties, separate from any criminal charges. Police can still arrest and charge a driver based on other evidence like slurred speech, the smell of alcohol, or erratic driving. In some cases, officers may even get a warrant to force a blood test.
Penalties for Refusing a DUI Test
Refusing a DUI test brings immediate consequences. In New York, a first-time refusal results in a one-year license suspension and a fine of up to $500. A second refusal within five years leads to a longer suspension and higher fines. These penalties apply even if the driver is never convicted of DUI. Insurance rates may spike, and some companies may cancel coverage. Some judges also consider a refusal as a sign of guilt, making it harder to fight a DUI charge in court.
Can You Be Convicted Without a Test?
Yes. A DUI conviction does not require a failed test. Prosecutors can build a case using other evidence. Police body camera footage, field sobriety test results, witness statements, and officer testimony all play a role. If a driver refuses a breath test, the prosecution may argue that the refusal itself suggests guilt. Juries often believe that an innocent driver would have nothing to hide. This assumption can make defending against DUI charges more difficult.
Should You Refuse a DUI Test?
There is no universal answer. Some believe refusing the test gives them a better chance of avoiding a conviction. Others see the immediate penalties as too severe. In some cases, refusing might be the right move. In others, it can do more harm than good. The decision depends on many factors, including prior offenses and the strength of other evidence. No one should make this choice without fully understanding the risks.
Know Your Rights
Every driver has rights, but they only work if they are used correctly. If stopped for suspected DUI, it is important to stay calm and respectful. No one has to answer questions about where they have been or what they have had to drink. Politely declining to answer without a lawyer present is allowed. However, refusing a breath test has serious consequences. Knowing the risks ahead of time can make all the difference.
A DUI charge can change everything. Losing a license makes it harder to work, take care of family, and handle daily responsibilities. A criminal record can follow a person for years. If facing a DUI charge or dealing with the consequences of refusing a test, action must be taken immediately. Time matters. Contact Scott Cerbin Criminal Defense today for a case review.
