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What Will Happen If I Refuse to Submit to Chemical Testing in New York?

When a police officer suspects that you are driving under the influence of alcohol, they will likely ask you to submit to chemical testing via a breathalyzer test. If you are under the influence of alcohol, you may contemplate refusing to submit to this testing. However, this does not often work to your benefit. You will likely be presumed guilty upon refusal. Your refusal will likely result in an immediate 15-day license suspension as well as being required to attend a court hearing with 15 days. This court hearing will determine if you will face criminal charges and if you will either keep or lose your driver’s license for a longer period of time.

Continue reading to learn more about refusing a breathalyzer test in New York. If you are facing a court hearing after refusing to submit to chemical testing, contact our Rockland County criminal defense attorney. We will walk you through the steps of the legal process ahead. Here is what to expect regarding the refusal hearing process after you have refused chemical testing:

What should I expect at the refusal hearing?

You will attend your refusal hearing with your attorney. Your attorney will work to disprove the police officer. The arresting officer must prove that you provided reasonable suspicion for the stop and that you were warned about the ramifications of refusing to submit to chemical testing, and that you did so anyway, warranting a lawful arrest.

If the police officer is able to prove these steps, you will likely lose your license for up to one year. If this is your first offense DWI, you will likely face civil fines of $500 and a one-year license suspension. If this is your second or third DWI or refusal to submit to a chemical testing charge, you will face at least an 18-month license suspension.

To prevent this from happening, it is important that you have an experienced criminal defense attorney in your corner who will do everything in their power to prevent this from happening. If you have any concerns or questions regarding this process, do not hesitate to contact our firm to learn more about our services and how we can assist you. Pick up the phone to schedule your initial consultation with our legal team today.


Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.

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