Can You Refuse A Breathalyzer Test?

It is not a crime to refuse to take a breathalyzer test. There are no criminal penalties for saying "no." What refusing to take a breathalyzer test will mean is a potential one-year revocation of your drivers' license, courtesy of the New York Department of Motor Vehicles (DMV). Sometimes, your license revocation can be successfully defended against. Our attorneys have successfully prevented drivers from losing their licenses at DMV hearings relating to alleged chemical test refusals.

So what should you do? New York has a law giving drivers the qualified right to call and seek advice from a defense attorney. If you have been stopped for DWI in Orange and Ulster Counties County or the Hudson Valley, you can find the effective advice and aggressive defense help you will need at the law offices of Larkin, Ingrassia & Tepermayster, LLP.

Whether you were ultimately charged with a DWI or not, if you refused to take a breathalyzer test — you have a limited amount of time to act to protect your driving privileges. Do not waste another minute. Call 845-234-4852 or contact us today.

Our Attorneys Will Explore Every Possible Defense For You

In certain circumstances, refusing to take a breathalyzer may actually be the right course of action. In others, it won't do anything at all to hurt the state's case against you — the prosecutor will simply use your refusal to take the test as evidence of your own consciousness of guilt, a strategy proven to be effective with jurors in DWI cases.

In reality, by the time an officer asks you to take a breath test, it is possible they have enough probable cause to arrest you regardless of whether you take the test or not (and they probably will). This means that you will be dealing with both an administrative action undertaken by the DMV and a criminal case at the same time.

Our lawyers will fight to keep you out of jail and save your driving privileges. We will immediately begin a thorough investigation into the circumstances surrounding your arrest. We will explore every possible defense strategy that could realistically help us minimize the consequences of your DWI arrest and refusal to take a breath test. In both administrative and criminal proceedings, you can trust that we will provide the effective representation you need and deserve.

Dealing With Civil Penalties From Refusing A Breathalyzer?

Call our firm at 845-234-4852 or contact us online for a free breathalyzer refusal consultation. Our attorneys represent local, out-of-town and out-of-state drivers arrested for DWI and other serious driving offenses on Interstates I-87 (NYS Thruway) or I-84, U.S. Route 9W, the Palisades Interstate Parkway, State Routes 6, 17 (86) or 59, and on other Hudson Valley roadways.

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