Protecting Your Rights After A DWI Breathalyzer Refusal
A drunk driving charge can have a serious impact on every part of your life. The consequences can be even more severe if you are accused of refusing a Breathalyzer test. You may be successful in criminal court defending the driving while intoxicated charge, but you may lose the Department of Motor Vehicles refusal hearing, resulting in a one-year license revocation, and a $750 civil penalty, as well as another $750 driver responsibility assessment fee.
At the Law Office of Luke Scardigno, I have been working as a DWI defense lawyer in Queens for close to 30 years. I will aggressively protect your rights to help minimize and educate you on the impact of a Breathalyzer refusal hearing charge at the Department of Motor Vehicles (DMV). Find out how I can help you by calling me at 718-414-6186 for your free initial consultation.
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Refusing a Roadside Breath Test Won’t Prevent a DWI in New York
If you get pulled over by law enforcement or caught up in a roadblock enforcement effort, you may worry about the consequences of the traffic stop. It might seem like a good idea to refuse a chemical test if the officer who speaks with you requests one. This is particularly true if the officer has already performed a field sobriety test and you didn’t do well.
You may think that refusing the test could protect you from criminal charges, but that is not the case. Instead, refusing a chemical test could work against you in court and result in additional penalties.
Refusing A Chemical Test Is A Separate Violation Of The Law
New York has specific laws in place that mandate that anyone who operates a motor vehicle on public roads must agree to chemical testing if law enforcement has probable cause to request a test. This law, called the implied consent law, means that anyone driving has already given consent to potential chemical testing.
Typically, a failed roadside sobriety test would be sufficient grounds for requesting a chemical test. You have the right to refuse the test, but there are criminal and civil consequences for doing so.
If you will not submit to a chemical test after an arrest, you will face automatic suspension of your driver’s license. Moreover, in addition to losing your license for refusing the test, you could still end up convicted of a DUI offense as well.
Refusing a Chemical Test Can Work Against You In Court
If you intend to push back against the pending DUI charge related to your traffic stop, refusing a chemical breath test could actually hurt your case. You may think that because the state does not have chemical evidence of impairment, that you will have a better chance at beating the charges.
In reality, the law allows law enforcement to testify to the court that you refused the test. That refusal can be seen as acknowledgment of impairment. In that scenario, you will likely face all the consequences of a DUI, as well as the consequences of violating the state’s implied consent chemical testing laws.
Fighting For Your Freedom And Your Driver’s License
When you hire me, I will provide dedicated representation in your administrative driver’s license refusal hearing at the DMV, as well as representation in criminal court, where you will face the criminal aspect of the DWI charge, as well as the criminal Breathalyzer refusal hearing. Many lawyers do not handle both matters, that is, both at the DMV and in criminal court. I do handle both the DMV administrative refusal hearing and the charges pending in criminal court. I have won numerous DMV refusal hearings over the years in my practice. I am aware what it takes to win these cases. I carefully analyze all of the paperwork involved in the administrative DMV refusal hearing, and also prepare detailed cross-examination to challenge the police officers’ testimony that you in fact refused the Breathalyzer test. Just because you actually refused to take the test does not mean that the police officers followed the required procedure to offer you the test. That is a major challenge to a DMV refusal hearing.
When you are accused of refusing a breathalyzer test following a drunk driving or DWI arrest, there are two parts of your case that will be set into motion.
- Criminal charge — The first part will be the criminal side in a criminal court, where a conviction may result in heavy fines and surcharges, license revocation, ignition interlock devices, probation or even jail time.
- Administrative hearing — Another part of the case is an administrative hearing at the Department of Motor Vehicles (DMV). At the DMV hearing, if it is found that you refused the breath test, your license will be revoked for one year, and a civil penalty will be imposed, even if the criminal charges are dismissed.
The DMV hearing will be held within 15 days of your arrest. That is why it is important to not delay seeking help from an experienced DWI defense lawyer. When you hire me, my retainer will include representation at the DMV hearing as well as an aggressive criminal defense in criminal court. This will save you the time and expense of having to hire two separate attorneys to handle each case.
Were You Properly Warned By The Police Regarding A Breathalyzer Refusal?
There are certain procedures that must be followed, and certain forms that must be completed by police officers when informing you of the consequences of a Breathalyzer refusal. I will thoroughly investigate the circumstances of your arrest and alleged refusal in an effort to build the strongest possible defense for your case. With the stakes made even higher by a refusal, it is important to get in touch with me as soon as possible following your arrest so I can adequately prepare, to avoid forfeiture of your right to the DMV refusal hearing.
Free Consultation — Get Legal Help Today
Do not take your chances in criminal court or the DMV refusal hearing without an experienced breathalyzer refusal lawyer at your side. Contact me by calling 718-414-6186 or by sending an email to schedule a free consultation to discuss what challenges and defenses you have in your case. I represent people who have been arrested in Queens, Brooklyn, Manhattan, The Bronx and Staten Island, and Nassau and Suffolk counties.
Spanish, Italian and Greek language services are available.