What Happens When You Refuse a Breathalyzer?
Refusing a breathalyzer test in New York triggers immediate consequences under the state’s implied consent law. Understanding these penalties is crucial.
Implied Consent Law in New York
Automatic Penalties: By driving in New York, you consent to chemical testing. Refusal results in an automatic license suspension and fines.
DMV Penalties: Refusal is reported to the DMV, leading to a separate administrative suspension hearing.
Legal Consequences
Court Implications: Refusal can be used as evidence of guilt in your DUI case.
Increased Fines: First-time refusals face fines of up to $500, while repeat offenses bring higher penalties.
Fighting a Refusal Case
Challenging Probable Cause: An attorney can argue that the officer lacked legal justification for requesting the test.
Examining Police Procedures: Failure to follow proper protocol can lead to dismissal of the refusal charge.
Refused a breathalyzer test? Don’t face the consequences alone. Contact Wellspring Defense Firm to explore your legal options and build a strong defense. Schedule a consultation today!
