Can I Refuse a Breathalyzer Test in NY?

If you’re pulled over and suspected of driving while intoxicated, it’s important to know your rights and consequences associated with refusing a breathalyzer test. Watch this video by dedicated Long Island DWI lawyer Michaelangelo Matera to find out what happens if you refuse a breathalyzer test in New York.


In New York State, every operator of a motor vehicle is deemed to have given implied consent to a test of their breath. So in other words, if an officer pulls you over and suspects that you have been drinking and driving, they can ask you to submit to a breath test. You as an operator of the motor vehicle, do have the right to refuse. However, that exercise of that right does not come without other potential penalties in New York state.

If you refuse to take a breathalyzer test, then you will go to a hearing at the Department of Motor Vehicles. And if the police officer is able to prove to the court that you did in fact refuse, your license will be revoked for a period of one year without the possibility of getting a conditional license. That being said, if you’re in a situation where you’ve been involved in a bad accident or you have prior DWI convictions, it would still be in your best interest to refuse the breath test, even though it will result potentially in a one year revocation of your ability to operate a motor vehicle.

When you’re facing charges of driving while intoxicated in New York, what matters is results. At The Matera Law Firm, we have over 25 years of experience helping people when they need it most. That commitment has allowed us to generate a record of success and positive results against DWI charges.

If you or someone you love is in need of an experienced criminal defense attorney, contact us today for a free confidential consultation. We proudly serve Suffolk County, Nassau County, Long Island, Brooklyn, Manhattan, Bronx, Queens, and throughout New York State.

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