According to New York’s implied consent law, if a police officer has probable cause that you were driving while intoxicated (DWI), you are required to take a chemical test (e.g. breath test, blood test, etc.) in order to determine your blood alcohol content (BAC). These chemical tests are performed after being arrested and at the police station.
Refusing to take a post-arrest chemical test can result in civil fines and license suspensions. A first refusal is punishable by a maximum fine of $500 and driver’s license suspension for up to one year, while a second refusal within the past five years of a previous DWI or refusal conviction carries a maximum fine of $750 and license suspension for up to 18 months. If you have had two refusals, two DWI convictions, or one of each, a third refusal will lead to permanent license revocation.
Before an arrest, an officer may ask you to take a preliminary breath test or several field sobriety tests (e.g. walk-and-turn, one-leg stand, etc.). While you will not face any penalties for refusing these options, you will most likely be arrested. The purpose of the preliminary breath test and field sobriety test is to gather more evidence against you to establish probable cause and strengthen their case for a conviction.
If you have been arrested for a DWI for failing or refusing a post-arrest chemical test, having an experienced criminal defense attorney on your side can help you have your test results thrown out of the courtroom and get your entire case dismissed. At Collins Gann McCloskey & Barry PLLC, our legal team can listen to your story, assess your case, determine if law enforcement officials failed to establish probable cause or violated your rights, and file a motion to suppress on your behalf.
Facing DWI charges in New York? Contact us today at (516) 218-5131 and schedule a free initial consultation. Let more than 80 years of collective experience fight for you.
