DWI Breathalyzer Test Refusal
What are the consequences for a DWI breathalyzer test refusal?
Check out the following educational legal video by Daniel J. Chiacchia, an experienced Hamburg DWI lawyer to learn about DWI breathalyzer test refusal and the consequences you may face for refusing a breath test in New York.
Many times, people decide to refuse the breath test. In that case, you actually create two separate proceedings; one will be in front of an administrative law judge in the state’s DMV courts, while the other will be heard in the original court where you’re charged. For example, if you were charged in the Hamburg Town Court you would be arraigned there and plead guilty or not guilty. At that point, the judge would have to take your license pending a hearing at the Department of Motor Vehicles which must be scheduled within 15 days of your arraignment. Once we get to that hearing, if we can find a valid reason to have your case adjourned, your driving privileges may be reinstated, depending on the circumstances, but that’s not always possible.
If you refuse the test, you may be without driving privileges until your case gets resolved in the town court, because only after your case is resolved there can you get conditional driving privileges. Many times, if someone calls at two in the morning and asks, “Hey, should I take the test or not?” I tell them not to take the test because, by doing so, they may provide evidence that puts them in a much higher DWI category. Even though you may incur other punishments related to your license, our ultimate goal is to keep you out of jail, and taking a test and blowing a very high number may be counterproductive to that purpose.
Have you been arrested for DWI and refused a breathalyzer? DWI breathalyzer test refusals may result in loss of driving privileges. It’s important to retain an experienced Hamburg DWI Lawyer as soon as possible to help protect your freedom and minimize your consequences. Contact Chiacchia & Fleming, LLP to schedule a free confidential consultation today. Let our experience work for you.