Albany, NY asked in DUI / DWI for New York

Q: What would the consequences be if I refused a Breathalyzer?

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2 Lawyer Answers

Michael D. Litman

  • DUI & DWI Lawyer
  • White Plains, NY
  • Licensed in New York

A: If you refuse to take a chemical test (breath, blood or urine), the DMV can revoke your license for one year. During that one year time period, you will not be able to get a conditional license unless you plea guilty or are found guilty of a DWI related offense. Additionally, your refusal may be used against you at trial as consciousness of guilt.

There are other issues specific to the facts of the case. If you have a pending case, you should speak to your attorney about how a refusal effects your case.

Kristen Epifania

  • DUI & DWI Lawyer
  • New York, NY
  • Licensed in New York

A: Your license can be suspended or revoked by the DMV. A refusal can also negatively impact your criminal case. If you have a pending case, you should speak with an attorney about the specific details of your case in order to better understand the potential outcomes.

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