Consequences Of Refusing A Breathalyzer Test
There are a number of consequences that follow a refusal to take a breathalyzer test. Firstly, if you refuse to take the test, you will be charged with common law DWI, which carries with it the same punishments as registering a BAC of 0.08 percent or more. However, in many situations, refusing to take the test can work to your advantage, as you may only face a lesser charge such as DWAI or even no charge.
Civil Revocation Of Your Driver’s License
Refusing to take a breathalyzer test is a serious offense. If you are found guilty, your license will likely be suspended for at least a year. You may also face fines of hundreds of dollars. Fortunately, you can contest the revocation.
A refusal hearing at the Department of Motor Vehicles can result in a one-year license suspension and a $750 driver responsibility assessment fee. You should consider retaining the services of an attorney if you are facing a refusal hearing.
Many options are available to challenge your license’s revocation for refusing a breathalyzer test. First, you can request a Due Process hearing. Moreover, you can cross-examine the police officer to find out his side of the story.
Refusing to take a breathalyzer test is an offense under the common law DWI law in New York. In addition to a six-month license revocation, you could be facing jail time. The penalties for this offense are significantly higher than for the least serious DWI offense, which is a traffic infraction.
Refusing to take a breathalyzer test in New York is punishable under SS 1194(2) of the New York State Vehicle Law. Moreover, you can still be prosecuted even if you do not live in New York.
Losing You Drivers License For 1 Year
The consequences are severe if you are caught driving drunk and refuse to take a breathalyzer test. You will not only face a 30-day suspension, but you could also face a 120-day license suspension from the Department of Motor Vehicles. In addition, you’ll face a substantial fine.
Refusing a breathalyzer test will have negative consequences, but if you have a valid medical reason, the consequences can be mitigated. For example, you may have a medical condition that interferes with the accuracy of the test results. In these cases, an alternative chemical test may be used instead.
Refusing a breathalyzer test can also lead to jail time. In some states, refusing a breathalyzer test can land you in jail for three days. If you are under the age of 21, you may end up facing a mandatory 72-hour alcohol and drug treatment program.
Refusing a breathalyzer test can also lead to DUI or DWI charges. Depending on your circumstances, this can result in a substantial fine, a suspended license, and even jail time.
Refusing a breathalyzer test in New York can have severe consequences. Refusal to take a breathalyzer test can lead to arrest, a $500 fine, and a suspended license for one to eighteen months. The arresting officer must state clearly that a refusal to take a breathalyzer test will lead to the suspension of your license. The officer must state this twice before your refusal is recorded.
Using The Refusal In Court Against You
It is illegal to use your constitutional right to refuse to answer a question in a criminal proceeding as evidence of your guilt. Using your refusal as evidence of guilt is a violation of your right under Article I, section 9 of the Constitution. In this case, the court assumed that the officer had made the refusal known to you and informed you that it would be used in the proceeding.