Can You Refuse a Breathalyzer Test During a DUI or DWI Arrest in New York? - Rachel Kugel

BSPE Legal Marketing Podcast

From The Kugel Law Firm - In this episode, we explore "Can You Refuse a Breathalyzer Test During a DUI or DWI Arrest in New York?" and discuss the implications of refusing a breathalyzer or chemical test under New York's implied consent law. While you have the right to refuse such tests, this decision comes with automatic penalties, including license revocation for at least one year for first-time offenders and 18 months for repeat offenses or those with an aggravated DWI record. Understanding these consequences is critical for anyone facing Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) charges.

We examine the penalties tied to refusal and the additional challenges it presents. Refusing a chemical test may result in civil penalties, surcharges, and separate consequences beyond the DWI charge itself. Even without a BAC measurement, law enforcement may still pursue charges based on probable cause, including observations from a traffic stop or results from a portable breath test (PBT). These penalties emphasize the importance of seeking legal counsel immediately after such an incident.

The episode highlights potential defense strategies for those facing DWI charges or breathalyzer refusals. Legal arguments may include challenging whether the officer followed proper procedures, questioning the reliability of the breathalyzer, or asserting that probable cause for the traffic stop was insufficient. These defenses can play a critical role in mitigating penalties or even dismissing charges. Reviewing the details of the arrest and prosecution's evidence is key to crafting an effective strategy.

At The Kugel Law Firm, our New York DWI attorneys are committed to providing guidance tailored to your unique case. From evaluating your driving record to building a strategic defense, we work to minimize the repercussions of DWI charges or test refusals. Contact us at [phone] to schedule a consultation and take the first step toward a more favorable resolution.
The Kugel Law Firm
111 E 125th St 2nd Fl, New York, NY 10035, United States
[phone]
https://www.google.com/maps?cid=17189431107850367088