Once you have been pulled over by the police, if the officer suspects that you are driving while intoxicated with either alcohol or drugs, you may be required to take a field sobriety test. Part of the test may involve you breathing into a breathalyzer to detect the presence of alcohol.
If you are arrested for failing the field sobriety test you will be asked to take a Chemical Test to determine your Blood Alcohol Content or BAC. If you refuse to take a Chemical Test you will be required to pay a $500 civil penalty ($550 for commercial or CDL drivers). Although there is no mandatory jail time, your license will be revoked for at least one (1) year and 18 months for holders of a commercial driver’s license.
For a Chemical Test Refusal within five (5) years of a previous DWI-related charge/Chemical Test Refusal the fine increases to a $750 civil penalty. No required jail time; however, your license will be revoked for at least 18 months, one-year or until age 21 for drivers under age 21, and permanent CDL revocation for commercial drivers.
Refusing a Chemical Test Under The Zero Tolerance Law
If you are under 21 and driving while intoxicated and you refuse to take a Chemical Test, you will be required to pay a $300 civil penalty and a $100 reapplication fee. There is no mandatory jail time, but your license will be revoked for at least one (1) year.
The second time you are asked to undergo a Chemical Test and refuse to do so, you will be required to pay a $750 civil penalty and $100 reapplication fee. Your license will again be revoked for another year.
If you have been charged with Refusing a Chemical Test, consider a DWI lawyer in New York. Don’t walk into court or a DMV hearing alone; get an aggressive DWI Defense Attorney on your side.