If you are stopped by the police in New York under suspicion of driving while intoxicated (DWI), you may be asked to take a breathalyzer test. The breathalyzer measures your blood alcohol content (BAC) by analyzing your breath. However, many drivers are unsure of the consequences if they choose to refuse this test. While some believe refusing the test may prevent evidence from being used against them, doing so can lead to serious legal consequences that could affect your driving privileges and legal standing.
Robert Friedman
Michael Ranzenhofer
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What is the Breathalyzer Test and Why is it Used? 
A breathalyzer is a portable device that measures the alcohol content in a person’s breath, providing an estimate of their BAC. Law enforcement officers use this device to quickly determine if a driver is over the legal limit of alcohol, which is 0.08% BAC in New York for individuals over 21 years old. If the BAC reading is at or above this threshold, the officer may arrest the individual for DWI.
New York’s Implied Consent Law
New York’s laws surrounding breathalyzer tests are governed by what’s known as the implied consent law. By accepting a New York State driver’s license and agreeing to drive on public roads, you are automatically agreeing to submit to a chemical test (like a breathalyzer) if requested by a law enforcement officer. This agreement is assumed, and refusing to take the test is considered a violation of this law, carrying its own penalties.
Refusing a breathalyzer is not an automatic admission of guilt. However, it does result in immediate legal consequences. It’s important to understand that implied consent is not a choice but a requirement that comes with holding a driver’s license.
The Consequences of Refusing a Breathalyzer Test
Choosing to refuse a breathalyzer test in New York may seem like an easy way to avoid providing evidence of impairment, but the reality is that refusal leads to its own set of significant consequences. Let’s examine the key penalties drivers face when they refuse to take the test.
Automatic License Suspension
The most immediate consequence of refusing a breathalyzer test in New York is the automatic suspension of your driver’s license. Under the state’s refusal statute, refusing a chemical test results in a suspension of at least one year for first-time offenders. For repeat offenders, the suspension period can extend even further. It’s important to note that this license suspension is imposed by the Department of Motor Vehicles (DMV) and is separate from any criminal penalties you may face due to the DWI arrest.
Fines and Additional Penalties
Along with license suspension, refusing a breathalyzer test can lead to hefty fines. These fines vary depending on the circumstances of the case, such as whether this is your first offense or whether you have a history of DWI-related offenses. The fines can range from several hundred to thousands of dollars, which is in addition to the costs of potential legal defense fees and any other penalties that may be imposed.
For those convicted of DWI following a breathalyzer refusal, additional penalties can be imposed. These include mandatory alcohol education programs, community service, or even jail time, depending on the severity of the offense and whether other aggravating factors (like prior offenses or accidents) are involved.
Use of Refusal as Evidence in DWI Cases
When you refuse a breathalyzer test, the prosecution may use that refusal against you in court as evidence of guilt. While your refusal to take the test is not proof of intoxication, it can suggest that you were trying to avoid providing evidence that could prove you were driving under the influence of alcohol. This can make it more difficult to defend yourself in a DWI case, especially if there is other evidence (like field sobriety tests or witness testimony) that suggests you were intoxicated.
In essence, refusing the test might make the case against you stronger. If you are found guilty of DWI, this can result in more severe penalties, such as longer license suspensions, higher fines, and mandatory alcohol treatment programs.
Increased Penalties for Repeat Offenders
If you are a repeat offender and refuse a breathalyzer test, the penalties are even more severe. In New York, those with a history of DWI offenses face harsher consequences, including longer license suspensions and larger fines. The courts may also impose stricter terms, including mandatory ignition interlock devices in your vehicle, longer mandatory alcohol treatment programs, or even extended jail sentences.
Criminal Charges for Refusal
In some situations, refusing a breathalyzer test can lead to additional criminal charges. While the refusal itself is not a crime, it may be considered an obstruction or refusal to comply with a lawful order. In extreme cases, you could face charges for resisting arrest or other offenses that complicate your situation further.
What Are Your Rights When Refusing a Breathalyzer Test?
Although New York’s implied consent law requires drivers to submit to chemical tests like the breathalyzer, you still have the right to refuse it. However, refusing comes with significant consequences, and it’s crucial to understand those before making your decision. If you are asked to take a breathalyzer test, the best course of action is to stay calm and comply with the officer’s instructions to avoid the severe penalties that come with refusal.
Can You Fight a Breathalyzer Refusal Penalty?
Yes, you can challenge the penalties associated with refusing a breathalyzer test. If you believe the refusal penalty was imposed unfairly or if there was no reasonable cause for the officer to ask you for a breathalyzer test in the first place, you may have grounds to challenge the license suspension or other penalties. An experienced DWI lawyer can help you review your case and determine the best legal strategy to minimize the consequences.
Should You Refuse a Breathalyzer Test?
Ultimately, the decision to refuse a breathalyzer test in New York is a serious one. While it might seem like a way to avoid incriminating yourself, it carries significant consequences that can make your legal situation worse. Even if you are not intoxicated, refusing a breathalyzer test can result in automatic penalties, including license suspension and fines. Furthermore, refusing the test can harm your ability to defend yourself in a DWI case, leading to greater penalties and legal consequences.
In New York, refusing a breathalyzer test can result in severe penalties, including automatic license suspension, fines, and the use of refusal as evidence in a DWI case. If you are ever stopped and asked to take a breathalyzer test, it’s essential to understand the implications of refusing. A skilled attorney can help you navigate your legal options and ensure that your rights are protected throughout the process. At Friedman & Ranzenhofer, PC, we specialize in defending individuals facing DWI charges and penalties for refusing breathalyzer tests. Contact us today for a consultation and learn more about your rights.