What Happens if I Refuse to Take a Breathalyzer Test in Rockland County and New York State?

  • If you don’t, the criminal case against you is weaker because there’s no chemical test evidence that can be used against you.
  • You could be issued a license suspension for the refusal.
  • The police can still pursue the case based upon the common law charge of their belief that you’re intoxicated, but they don’t have the additional evidence.
  • The DMV ultimately will treat you separately and can pursue you for the refusal, but that occurs after the criminal case is completed.
  • In most instances, it is better if you don’t submit to the test unless you know that you’re completely sober and less than a 0.08 BAC.
  • When in doubt, you should not submit to the test.