{"id":4314,"date":"2018-05-24T13:55:02","date_gmt":"2018-05-24T13:55:02","guid":{"rendered":"https:\/\/cerbindefense.com\/?p=4314"},"modified":"2020-01-28T13:57:12","modified_gmt":"2020-01-28T13:57:12","slug":"can-you-refuse-a-breathalyzer-test","status":"publish","type":"post","link":"https:\/\/5dattorney.marketing\/staging\/cerbin\/can-you-refuse-a-breathalyzer-test\/","title":{"rendered":"CAN YOU REFUSE A BREATHALYZER TEST?"},"content":{"rendered":"

CAN YOU REFUSE A BREATHALYZER TEST?<\/h1>\n
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On behalf of\u00a0Law Office Of Scott G. Cerbin, Esq., PLLC\u00a0<\/span>on Thursday, May 24, 2018.<\/p>\n<\/header>\n

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If you\u2019re pulled over in New York on suspicion of drunk driving, chances are you\u2019ll have to submit to a chemical test also known as a breathalyzer, for alcohol-related incidents. The question is, is it within your rights to refuse to take the test?<\/p>\n

The short answer is no. New York State has a\u00a0law against chemical test refusal<\/a>, called the implied consent law. The law says that anyone operating a motorized vehicle gives implicit consent to submit to a chemical test when asked to by police. This means you\u2019re already obligated to comply once you hit the road.<\/p>\n

Refusing a chemical test is charged as a separate crime from the DWI, so a DWI could be an additional charge.<\/p>\n

So what happens if I refuse?<\/strong><\/p>\n

If you are arrested for a DWI or DWAI and refuse a chemical test from a police officer, your license will be suspended and you could face a fine, in line with regular DWI consequences.<\/p>\n

You\u2019ll likely have to go to a DMV hearing where it will be confirmed that you refused the test. If this is the case, you\u2019ll get your license revoked for at least a year. You\u2019ll also face a fine of at least $500. This is in addition to the charges and penalties you\u2019ll receive for the DWI.<\/p>\n

Even if you are not charged with a DWI, you can still face consequences for refusing the chemical test.<\/p>\n

If you refuse a chemical test, your license will be suspended for a mandatory 6 months and you will be issued a $300 fine. Then, if you refuse a second test within five years of the first, your license will be suspended for a year and you\u2019ll have to pay a $750 fine.<\/p>\n

What if I\u2019m a minor?<\/strong><\/p>\n

If you\u2019re under the age of 21, the penalty is more severe. If you refuse to take a chemical test while underage, your license is revoked for a minimum of a year, regardless of whether or not you\u2019re charged with a DWI.<\/p>\n

If you refuse a second chemical test within five years of your first charge, your license is revoked until you turn 21.<\/p>\n

So what should I do?<\/strong><\/p>\n

To put it simply, if you refuse a chemical test, you run the risk of double penalties. You can still be charged with a DWI, DWAI or Zero Tolerance after you have already faced penalties from a test refusal. It\u2019s more than likely your license will be revoked in addition to the consequences of a DWI.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/article>\n<\/section>\n","protected":false},"excerpt":{"rendered":"

CAN YOU REFUSE A BREATHALYZER TEST? On behalf of\u00a0Law Office Of Scott G. Cerbin, Esq., PLLC\u00a0on Thursday, May 24, 2018. If you\u2019re pulled over in New York on suspicion of drunk driving, chances are you\u2019ll have to submit to a chemical test also known as a breathalyzer, for alcohol-related incidents. The question is, is it Learn More<\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4314","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"acf":[],"_links":{"self":[{"href":"https:\/\/5dattorney.marketing\/staging\/cerbin\/wp-json\/wp\/v2\/posts\/4314","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/5dattorney.marketing\/staging\/cerbin\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/5dattorney.marketing\/staging\/cerbin\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/5dattorney.marketing\/staging\/cerbin\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/5dattorney.marketing\/staging\/cerbin\/wp-json\/wp\/v2\/comments?post=4314"}],"version-history":[{"count":1,"href":"https:\/\/5dattorney.marketing\/staging\/cerbin\/wp-json\/wp\/v2\/posts\/4314\/revisions"}],"predecessor-version":[{"id":4316,"href":"https:\/\/5dattorney.marketing\/staging\/cerbin\/wp-json\/wp\/v2\/posts\/4314\/revisions\/4316"}],"wp:attachment":[{"href":"https:\/\/5dattorney.marketing\/staging\/cerbin\/wp-json\/wp\/v2\/media?parent=4314"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/5dattorney.marketing\/staging\/cerbin\/wp-json\/wp\/v2\/categories?post=4314"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/5dattorney.marketing\/staging\/cerbin\/wp-json\/wp\/v2\/tags?post=4314"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}