The law in New York states that you are required to take a urine, saliva, blood or breath test in the event that you are arrested for driving while intoxicated. This is due to the “implied consent” law, which implies that you give consent to one of these tests, but only if an officer has probable cause to pull you over and think that you were intoxicated while driving. The officer who pulled you over will administer the test and it will be used determine what your blood alcohol content is. The time allotted to take this test from the time you were driving is two hours in total.
You may also have to take a pre-breath test if you are involved in an accident. If the results of your breath test show that your blood alcohol limit is over .08, which is the legal limit, then you will be asked to take a chemical test by the officer. While you can refuse to take this pre-breath test, if you are arrested at this point, the police can request that you take the chemical breath test anyway. If you still refuse to take the test while arrested, then you may face additional penalties and charges, as well as potential consequences involving your license.
Refusal to Take the Test
If you refuse to take a test after taking the breath test or being arrested, then you can lose your license and face a fine. Below are the fines and penalties for refusal in different situations:
Refusing a Mandatory DWI Test in New York
Contacting Our Team
We are ready to help you whenever you need it, so call our firm at 607-231-6967 right away.
We will provide you with the information you need to make sure you are fully aware of your case, your rights, and what the outcome of your case might be.
We realize that cost is a factor when choosing an attorney. Our clients understand that serious crimes require serious, skillful and diligent representation. Every case is different and we cannot quote you a retainer fee without first speaking to you and learning about your case and charges. We are happy to consult with you at the jail, if needed. While we do charge a small consultation fee for a jail visit, we apply that fee toward your retainer if you ultimately choose to retain us.