What Happens if I Refuse the Breath Test?

Our New York and White Plains DWI lawyers will counsel you that you have an absolute right to refuse a breath test, or any other test police ask you to take for suspicion of drunk driving, for that matter.

However, if you do refuse the breath test, your license will be revoked for a one-year period – in addition to any other criminal penalties you may face.

Moreover, if you have a Commercial Driver’s License (or CDL), a refusal can lead to a suspension or even loss of employment. Two refusals will generally lead to a permanent loss of your CDL license.

If you refuse the breath test, you will have the right to an administrative or “refusal” hearing at the Department of Motor Vehicles shortly after your arrest.

However, refusal hearings are very difficult to win, unlike a trial, where the state must prove your guilt beyond a reasonable doubt. A police office must only prove at the refusal hearing that the driver committed a traffic violation in his presence and that, after stopping the car, the officer suspected the driver of being intoxicated.

Our DUI lawyers in Westchester County will counsel you that (unlike other DWI related suspensions) you will not have the right to a Conditional License if your license is revoked because of a refusal.

However, our DUI lawyers in Stamford, White Plains, and New York will explain to you why it is generally still better to refuse a breath test (despite the inconvenience due to temporary loss of your driver’s license) due to the refusal.

Accordingly, if you or someone you know has been arrested for DWI Refusal, don’t hesitate to contact our DWI Refusal lawyers in Larchmont, White and Manhattan. The call is absolutely free and out attorneys are standing by 24/7 to speak assist you.