Top 100 Trial Lawyers
BBB
Top 40 Under 40
AV Preeminent
The National Trial Lawyers
Top Once Percent
USCCA
LawyerCentral.com
AVVO
AVVO
USCCA
Badge
Best DWI Attorney 2017
10 Best Law Firm

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 from a Bronx DWI lawyer 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, as a DWI attorney in the Bronx can explain.

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 Bronx 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 with a DWI lawyer in the Bronx or elsewhere.

Client Reviews
★★★★★
"Thank you again for discussing my case with today. I can not stress enough how impressed I am with your services as an attorney. You have gone above and beyond the call of duty to attempt to help me. Thank you again and best wishes." Rob
★★★★★
"I am writing to send you my heartfelt thanks for your work on my father’s case. You are a wonderful attorney. I was very impressed by you from our first meeting. I am so grateful we were referred to you." Joanna
★★★★★
"I wanted to first say thank you for everything you have done for me in the last several months. You made this very difficult ordeal in my life less stressful and easier to bear. I am grateful for having you as my attorney and I truly feel that you helped me above my expectations. I appreciate everything." W.S.