As a New York criminal defense attorney, Scott Gross is frequently asked
whether or not you are required to take a chemical BAC during a DWI arrest.
New York has an implied consent law, which means you have automatically
agreed to take a test if you are arrested for DWI. If you refuse to submit
to such a test, your refusal can be used as evidence against you, and
can lead to even more severe penalties than a standard DWI conviction.
When Am I Required to Take a Test?
A police officer may arrest you for DWI if they have probable cause to
believe that you have been drinking and driving. The most common DWI chemical
tests are of your breath or blood, but you may be asked to submit to a
urine or saliva test if drugs are suspected. The arresting officer has
the power to choose which test you will take, and must administer the
test within 2 hours of you driving.
What Happens if I Refuse to Take the Test?
The officer should inform you that you will lose your license for refusing
a test, but they are not required to tell you about the hefty fine. The
first time you refuse a test, you will lose your license for one year
and must pay a $500 fine. For any subsequent refusals of chemical tests,
you will face an 18 month license suspension and a fine of $750. Although
the penalties for refusing the test are high, you generally cannot be
forced to submit. However, if the incident which led to the arrest also
injured or killed another individual, then the police officer will likely
obtain a court order requiring you to take the test.
Won’t It Be Harder to Convict Me if there’s No Record of My BAC?
Many people think that if they refuse a chemical test, they will deny the
prosecution of a crucial piece of evidence. This is true to some extent
– it may be harder for them to prove that your BAC was over the
legal limit. However, your refusal can be used against you. The prosecution
may try to argue that you refused the test because you knew that you were
guilty. Even if the prosecution can’t prove you were driving while
intoxicated, you will still be penalized for refusing the test.
Don’t Take Chances with DWI Charges. Call (631) 714-7894.
Regardless of whether or not you refused a BAC test, you will still face
stiff penalties for a DWI arrest. If you’ve been arrested for DWI,
it’s crucial to retain the services of a skilled New York DWI defense
attorney. At the Law Offices of Scott Gross, P.C., our attorney is a former
prosecutor who has tried thousands of cases in court. He understands how
the state will build a case against you, and can craft a strong and effective
defense on your behalf when you retain our firm.
Call (631) 714-7894 today for aggressive DWI defense. We offer
free case evaluations.