What are the Consequences of Refusing a Breathalyzer in New York?

New York takes DWIs very seriously, which is why if you refuse a breathalyzer test, you will face even more serious consequences in addition to your DWI penalties. If you were charged, do not wait to reach out to our skilled New York criminal defense attorneys as soon as possible to ensure that you and your future are protected.

What will happen if I refuse a breathalyzer test in New York?

Serious penalties will result if an individual is caught behind the wheel after driving while under the influence of alcohol. As a result, there is a very high chance that you may consider not providing a breath sample into a breathalyzer test when asked by an officer, particularly if you are under the influence. While this may make sense to you, it is important to understand that you will likely face several consequences for that choice alone. For example, if you refuse to take a breathalyzer test, you will likely face a 15-day license suspension. Additionally, you will likely have to appear in court for what is known as a refusal hearing. At this hearing, a judge may permanently suspend your license.

Will I go to jail for refusing a breathalyzer test?

If you decline to submit a breathalyzer test, you will likely be subjected to several consequences. Usually, at a refusal hearing, the arresting officer will have to prove that you gave him or her reasonable suspicion to stop you, and that you refused to take the test despite being informed of the potential penalties you may face for refusing to submit to chemical testing, and that as a result, you were lawfully arrested. If the officer is able to prove all of the above factors, you will likely lose your license for at least one year, as well as face a potential $500 fine.

If this offense is your second or subsequent, you can expect to lose your license for an even longer period of time, face higher fines, and you may even spend time in jail. If you were charged, it is crucial that you retain the services of an experienced criminal defense attorney. Our firm is here to help you and ensure that you and your future are a priority.


Whether you need a Nassau County Criminal Defense Lawyer or traffic ticket attorney, The Law Office of Jacob A. Rudman is here to help. Our firm has significant experience representing clients facing a wide range of criminal charges, including DUIs, drug crimes, domestic violence, assault, juvenile crimes, and more. If you have been issued a traffic ticket, it is important to contact us today. We zealously represent clients facing tickets for speeding, reckless driving, driving without a license, and those caught using a mobile device. Contact us today to schedule your first consultation with our trusted legal team.

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