DeRoberts Law Firm

Focused On Protecting Your Family And Your Future

Did You Refuse The Breathalyzer?

Last updated on March 8, 2022

New York’s implied consent law asserts that, as a condition of obtaining a New York driver’s license, you agree to submit to a breath, blood or urine test if you are pulled over on suspicion of drunk driving (DWI) or impaired driving (DWAI).

Refusal of a breathalyzer test at the time of your traffic stop will result in an automatic suspension of your driver’s license. You can still be arrested for DWI or DWAI, although law enforcement will have a tougher time making the charges stick.

Contact DeRoberts Law Firm immediately — day or night:
• If you were cited with chemical test refusal and arrested for DWI/DWAI
• If a family member or friend has been pulled over and not yet submitted to testing, we can advise whether they should or should not take a breathalyzer or blood alcohol test.

We offer a free consultation, serving accused drivers in Syracuse, Onondaga County and Central New York. Call us 24/7 at 315-479-6445.

Experienced Representation For DWI Test Refusal Cases

There are legitimate reasons not to take a breathalyzer test, such as a very high BAC, a drunk driving accident or a past DWI that would make this one a felony DWI. However, you must be aware of the repercussions if you do refuse:

  • The Department of Motor Vehicles will suspend your license for at least 12 months, with no opportunity for a conditional license to drive to work.
  • A second test refusal within five years of a previous refusal or DWI conviction is an automatic license suspension of 18 months or more.
  • You can still be convicted of DWAI (possibly even DWI) if police have other evidence of impairment.
  • Even if you do beat the criminal charges, your license will still be suspended.
  • You must reapply for your license and pay steep renewal fees after the revocation period.

It is possible to challenge a refusal citation and license suspension on grounds that there was no probable cause for the traffic stop and field sobriety tests prior to refusing the breathalyzer. Jeffrey DeRoberts has practiced in criminal law and DWI defense for 16 years, with a successful record of challenging the evidence. He offers each client his personal attention, never passing them off to an inexperienced junior associate attorney. You can feel confident that his experience, dedication and skill are working hard on your case.

Do Not Delay: Speak To An Experienced DWI Lawyer

If you are looking for a criminal defense attorney to protect your rights, call 315-479-6445 or send an email for a free initial consultation.