NY DWI Defense Attorneys

What If You Refuse the Breath Test?

In New York, refusing to take a breath test (often called a breathalyzer test) is not a crime, but you can still face harsh penalties, including a large fine and driver's license revocation. You have a right to a hearing and should contact a New York breathalyzer lawyer right away.

At Anelli Xavier, PC, our attorneys are skilled in DWI defense. No matter where you are charged in New York State, we are confident our firm will give you the best possible outcome due to our extensive training and sole focus on DWI Defense. Contact us today to discuss your case with an experienced DWI lawyer.

You Could Be Facing Serious Consequences at the DMV

If you have refused to take a breath test at the roadside or the police station, the police have almost certainly notified the Department of Motor Vehicles (DMV), which will respond by revoking your driver's license for a year and imposing a fine of $500.

Before your DMV penalty is made final, you can request an administrative hearing, at which you have the right to be represented by an attorney.

If you have a breath test refusal or New York breathalyzer lawyer conviction on your record within the past five years, you can be fined $750, and your license can be revoked for 18 months or more. If you are a commercial driver, the penalties may be even harsher.

Request a Hearing and Contact an Attorney Right Away

Under New York law, driving on public roads means you have given your implied consent to take a breathalyzer or other chemical test. The police must have a valid reason to ask you to take the test and must give you a fair opportunity to change your mind if you say no.

If you're accused of refusing the breath test Contact a knowledgeable New York DWI Defense lawyer today to make sure your rights are protected.