Technically, no. If you are arrested and charged with a DWI in New York, you may choose not to take a breath or blood BAC (blood alcohol content) test. However, a refusal to do so will have serious consequences due to New York's implied consent laws.
New York's implied consent law states that any person who operates a motor vehicle in the state shall be deemed to have given consent to a chemical test of one or more of the following: breath, blood, urine, or saliva, for the purpose of determining the alcoholic and/or drug content of the blood. Thus, you give consent to a chemical test simply by driving in the state.
If you are lawfully arrested for a DWI and refuse to submit to a BAC test, you will be subjected to mandatory civil fines and license suspensions. The penalties for refusing to take a BAC test are in addition to the standard penalties for DWI. Even if you are acquitted of DWI charges, you will still face these penalties:
It is important to realize that you can be convicted of both a DWI and a Chemical Test Refusal.
DWI arrests are serious and can have severe consequences. If you refused a chemical BAC test when arrested, you need to contact a criminal defense attorney who specializes in DWI defense immediately. Your attorney will be able to help you fight any charges and may be able to help you reduce your penalties.
Last Modified: 11-11-2014 12:47 PM PSTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.