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Can you refuse a breathalyzer test?

On Behalf of | Oct 11, 2024 | Criminal Law, Dui, DWI

If police stop you in New York on suspicion of driving under the influence (DUI), whether that be alcohol or drugs, you may be faced with a request from law enforcement to test you. Understanding what the laws say and the implications of refusing to submit to these tests is critical.

Implied consent

When you apply for and are granted a driver’s license, you consent to be tested if a police officer has reason to believe you are driving while impaired. Many people do not know this, but you agree to it when you apply for your license.

Refusing to test

If you refuse to submit to testing, whether a breathalyzer, field sobriety tests or other chemical tests such as blood or urine, your license will be automatically suspended for a specific period.

In New York, that period is six months for a first offense. In other states, it is longer, with many suspending licenses for one year or more.

Additionally, the fact that you refuse to test can be used against you in court. The prosecution can allege that your refusal indicates guilt, which can lead to a harsher sentence in addition to your license suspension.

Limited defenses

If you refuse to test, you are, in many ways, limiting your defense options. Because you will not have test results, your attorney will have to rely on other information to present to the court as evidence, which can be challenging in the case of a DUI.

Consult with an attorney

Even though you may want to submit to testing, you should always contact a DUI attorney as soon as possible. This can help you get through the process much faster and potentially develop a robust defense.

While yes, you can refuse testing if you are pulled over for a suspected DUI, it is probably not the wisest thing to do. It is always better to contact your attorney and seek legal guidance before making decisions that can impact your life for years.

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