Can I Refuse a BAC Test in New York?

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.