DWI Chemical Test Refusal 2016-10-27T10:09:31+00:00

New York DWI Chemical Test Refusal Lawyer

If you or someone you love has been charged with a DWI Chemical Test Refusal in New York State, then you are not alone. We can help. Contact us today to discuss your case free of charge at: 1-877-435-7394. Below are the current New York’s DWI penalties related to a DWI Chemical Test Refusal.

Overview of DWI Chemical Test Refusal

Definition

The motorist refuses to submit to a chemical test of their breath, blood, or urine.

Penalty

Such a refusal can result in a license revocation of 12 to 18 months, and a fine of up to $750.

Refusing to provide a blood, breath, or urine sample for chemical testing limits the evidence that can be used against a defendant at trial. However it can come at the cost of a 1 year license revocation separate from any other possible license consequence caused by an alcohol related conviction. Therefore, it can result in a negative jury instruction against the defendant at trial.

Upon arraignment in a criminal court, an individual who is alleged to have refused to provide a sample for chemical testing will have their license temporarily suspended. Shortly thereafter, the accused person has the right to appear at a hearing conducted by the New York State Department of Motor Vehicles. At this hearing the judge will determine if there was a valid refusal by deciding whether there is sufficient evidence to revoke that person’s driver’s license for a period of 1 year.

An individual suspected of driving while intoxicated by alcohol who refuses to provide a sample for chemical testing will usually be charged with “Common Law” DWI. This type of DWI alleges intoxication based on the totality of the circumstances. Evidence often used in support of this charge, includes: physical condition and appearance, balance and coordination, manner of speech, presence of an odor of alcohol, manner in which the vehicle was operated, opinion testimony from police officers and other relevant witnesses regarding sobriety, circumstances of any accident.

If you have been charged with a Refusal DWI in New York State, contact us for a FREE case consultation.

Why Us?

Nave DWI Defense Attorneys attorneys are well versed in the intricate requirements that need to be proven in order to establish a valid “refusal”, and have significant experience navigating the complex procedures and protocols of the DMV, such as refusal hearings.

If you or someone you love has been charged with a DWI Chemical Test Refusal, then you are not alone. We can help. Contact us today to discuss your case free of charge at: 1-877-435-7394.