What Happens if You Refuse a Breathalyzer in NY?
Refusing a breathalyzer test in New York State carries significant legal consequences. While you have the right to remain silent and not incriminate yourself, refusing a breathalyzer is not the same as exercising that right. The ramifications can be severe and impact your driving privileges and legal standing considerably.
Implied Consent Law
New York operates under an implied consent law. This means that by driving a vehicle on New York roads, you implicitly agree to submit to chemical tests (breathalyzer, blood, or urine) to determine your blood alcohol content (BAC) if a law enforcement officer has probable cause to believe you're driving under the influence (DUI). Refusal is a separate offense, distinct from the DUI charge itself.
What are the penalties for refusing a breathalyzer in NY?
The penalties for refusing a breathalyzer test in New York are substantial and include:
- License Suspension: Your driver's license will be automatically suspended for at least one year, regardless of whether you're ultimately convicted of DUI. This suspension is in addition to any suspension resulting from a DUI conviction.
- Administrative Hearing: You'll be given the opportunity to attend an administrative hearing to contest the suspension. However, successfully overturning the suspension is challenging and requires strong evidence.
- Increased Insurance Premiums: Even if your license is reinstated, expect a significant increase in your car insurance premiums. Insurance companies consider refusal a major risk factor.
- Possible Criminal Charges: While refusing the breathalyzer itself is an administrative offense, it can strengthen the prosecution's case against you for a DUI charge. Refusal is often viewed as evidence of guilt.
- Enhanced Penalties for Subsequent Offenses: A refusal will severely impact any future DUI charges. Repeat offenses carry even harsher penalties.
What if I'm not sure I should take the breathalyzer?
This is where consulting a qualified and experienced DUI attorney becomes crucial. While the penalties for refusal are substantial, so are the penalties for a DUI conviction. An attorney can advise you based on your specific circumstances. They can help you understand the implications of both taking and refusing the test and can help you navigate the legal process.
Can I get my license back early after refusing a breathalyzer?
It is possible to petition for an early reinstatement of your driver's license after a refusal, but it's difficult and requires demonstrating extenuating circumstances or hardship. This usually requires legal representation.
Does refusing a breathalyzer affect my ability to drive commercially?
Yes, absolutely. Refusing a breathalyzer test will severely impact your ability to obtain or maintain a commercial driver's license (CDL). Commercial driving regulations are even stricter than those for personal vehicle operation.
Is there any legal defense against a breathalyzer refusal?
While challenging, some defenses exist. Your attorney may argue that:
- The police lacked probable cause to request the breathalyzer.
- The implied consent law was improperly applied.
- You were not properly informed of your rights.
However, these defenses are complex and require a skilled attorney to present effectively.
In Conclusion:
Refusing a breathalyzer in New York is a serious decision with far-reaching consequences. It's vital to seek legal counsel immediately if you are facing this situation. Understanding the legal implications and available defenses is crucial to protecting your driving privileges and future. This information is for educational purposes only and does not constitute legal advice. Always consult with an attorney for guidance on your specific case.
