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What If I Refuse To Consent To The Breathalyzer Test?

Driving is not a constitutional right, and every state treats the licensed and registered use of an automobile on public roads as a privilege.

When you received your license to drive in New York, or when your vehicle crossed the border to operate on New York roads, you were presumed to give consent to so-called chemical testing, like a breathalyzer, a blood test, or a urine sample.

Drivers can refuse to provide this sample, but rather than impeding a potential DWI case, the results of refusal often cause the driver more pain than they realized it would.

First, refusal will result in an automatic suspension of your license when you are arraigned, pending a DMV hearing on your case.

If you lose in the DMV’s Refusal Hearing, your license will be suspended for one year – even if the DWI charges against you are dropped or you are acquitted.

While it is your right to refuse to provide samples for chemical testing, doing so complicates your case considerably.

You can help yourself by working with attorneys who understand how to fight the criminal component of a DWI charge as well as the administrative process the DMV uses.

The attorneys at Zelenitz, Shapiro & D’Agostino know how to win refusal and DWI cases. Call us today at 718-599-1111 and talk to an experienced Queens defense lawyer for free.