REFUSING A BREATH TEST
OR CHEMICAL TEST

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Refusing a Breath Test or Chemical Test in Nassau County or Suffolk County

When you are facing  a DWI, DUI or DWAI arrest, you may be asked to take a Breathalyzer or other chemical test.  If you do not consent to this test, you will face serious consequences.

Serious Penalties for Refusing a Chemical Test

Refusing a chemical test in New York will result in a $500 civil penalty and your license will be revoked for at least one year.

In addition, if you refuse to take a breath test or chemical test, the DMV will require you to pay an annual driver responsibility assessment of $250 for three years. The total assessment for the three years is $750.

You must pay the driver responsibility assessment whether you have a driver’s license issued by New York State, another state, or even if you do not have a driver’s license.

If you refuse a breath test within five years of a previous DWI-related charge, you will have to pay a $750 civil penalty and your license will be revoked for at least 18 months. Underage drivers and commercial truck drivers will face additional penalties.

At the law offices of Rudman & Rudman, our lawyers know how to represent you if you refused a breath or chemical test. We know how to protect your rights at a refusal hearing if a refusal hearing is in order.

Our goal is to limit the fines and penalties for your refusing to take a Breathalyzer or chemical test.

Contact Us

We represent clients throughout Nassau County and Suffolk County.  Call us at (516) 450-5095 or submit your information online.

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