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Blood & Breath Tests

Did a Blood or a Breath Test Lead to a DWI Charge?

Have you been arrested for refusing to take a blood or a breath test? New York’s “implied consent” law states that anyone who is suspected of driving while intoxicated must submit to a blood or breath tests if issued by a police officer. The laws can penalize someone for refusing.

In addition to the penalties for refusing, if you are convicted of driving while intoxicated (DWI), then the penalties will only be added if the charges lead to a conviction. That is why it is important to seek legal counsel as soon as possible.

Penalties for Blood or Breath Test Refusal

Implied consent laws make the battle of fighting DWI charges that much harder to overcome. Refusing the tests do make it difficult for prosecutors to secure a conviction. However, the fact that you have refused the tests may still be used against you in trial.

The penalties for refusal might include the following:

  • First refusal: License suspension for 1 year

  • Second refusal: Licensee suspension for 18 months, if there a previous refusal or DWI conviction in the last 5 years

  • Third refusal: License suspension for 18 months, if there was a previous refusal or DWI conviction in the last 5 years

Police officers cannot force you to take a blood or a breath test. Therefore, you do have the right to refuse. Remember, however, that there may be complications from doing so if the criminal process does go underway. Police officers must demonstrate that they have probable cause for pulling you over for drunk driving.

Contact a Former Prosecutor!

At Tilem & Associates, PC, our White Plains DWI attorneys know how serious a DWI combined with the penalties for refusing a chemical test can be. If you have been arrested, you need a hard-hitting defense team. We have Attorney Tilem, a former senior prosecutor who has handled thousands of criminal cases over the years.

We urge you to call us as soon as possible and request a free appointment.