What Happens If I Refuse To Take A Breathalyzer Test?

If you are stopped by a police officer who suspects you are driving under the influence of alcohol, there is a very good chance that the officer will ask you to submit to chemical testing. Of course, it may be tempting to try and refuse this test, especially if you are under the influence of alcohol, it is usually not your best option. Though you are legally allowed to refuse this test under certain circumstances, generally, doing so almost never works in your favor, and is almost immediately perceived as a confession of guilt. If you refuse to submit to a breathalyzer test, you will receive a 15-day license suspension, and from here, you will have to attend a court hearing within those 15 days regarding the future of your license and whether you will face any criminal charges. Please continue reading and reach out to our experienced Rockland County criminal defense attorney to learn more about the process ahead.

The Refusal Hearing

When you attend your hearing for refusing to take the breathalyzer test, the police officer will have to prove that you gave the officer reasonable suspicion to stop you and that from there, you were warned about the potential consequences of refusing to take the test and did so anyway, prompting a lawful arrest, your license will automatically be suspended for one year. However, if you hire an experienced Rockland County criminal defense attorney, he can work to disprove one of those elements, thereby winning you the case.

At the very least, if found guilty for a first offense, you will face both civil fines of $500 and a one-year revocation of your license. That being said, if this is your second or third driving while intoxicated or refusing to submit to chemical testing offense, there is a very good chance you will lose your license for at least 18 months, and sometimes even for life. This can be extremely damaging to your reputation and will drastically impact the rest of your life. Do not let this happen. Our Rockland County DWI attorney is ready to fight for your rights, every step of the way. All you have to do is ask.

Contact our experienced Rockland County firm

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,ย contact our Spring Valley officeย for a free consultation.