DWI Testing

If you refuse to take a saliva, urine, breath or blood test after being pulled over for a DWI in the state of New York, what happens? Do you actually have to take one at all?

Implied Consent

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

The consequences for an individual’s first DWI in the state of New York can be a $1,000 fine, installing an ignition interlock device, jail time for up to a year or all of these. The consequences are worse for subsequent offenses. Remember that just because you refuse to take a test, this doesn’t mean you can’t be convicted for a DWI. The court doesn’t necessarily need proof that your blood alcohol content was over the legal limit. Refusing the test generally gives the prosecution reason to believe that you were intoxicated when you were pulled over. This point can easily be argued in court and can result in you being convicted of the DWI. This means that refusing the test really might not help you in the long run, especially if you are trying to avoid the conviction and other consequences to your license.

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.