Should You Refuse a Breathalyzer Test in NY?

drunk driving laws

No matter what situation you’re in, there’s never a good time to drive drunk or while you’re under the influence of alcohol. New York has some strict drunk driving laws you should be aware of if you decide to drive drunk. One thing many people wonder is whether they should refuse a breathalyzer test if they have been drinking and are pulled over by law enforcement. We’ve discussed some situations and the potential consequences of the decisions you make.

When To Consider Refusing A Breathalyzer Test

A drunk driving defense attorney usually won’t recommend refusing a breathalyzer test. However, if you’re in a situation where your blood alcohol concentration (BAC) is much higher than the .08 legal limit, then you might not want to take a breathalyzer test. Depending on how high your BAC is, you could be charged with Aggravated Driving While Intoxicated, which can lead to prison time. If you decide to refuse a breathalyzer test, be sure to work with the top law firms in NYC to represent you.

Consequences Of Refusing A Breathalyzer Test

Refusing a breathalyzer test in New York comes with immediate consequences. Your driver’s license will be automatically suspended for up to a year and you’ll face a fine of up to $500. You’ll also have to deal with DUI or DWI penalties assuming you are arrested and end up being found guilty. When you go to court, refusing a breathalyzer test is often seen as admitting to being guilty, so you’ll need a good drunk driving defense attorney to advocate for you. 

Always Hire A Drunk Driving Defense Attorney

There are exceptions to every rule, but most people find that taking the breathalyzer test and dealing with the associated penalties is better than refusing the test. Working with the top law firms in NYC and hiring a great drunk driving defense attorney gives you the best chance of reducing the penalties and possible jail time you’re facing. 

Gordon & Gordon is here to help you if you’ve been arrested for drunk driving. Our experience and expertise are second-to-none and we’ve worked with many different clients to help reduce their charges. If you have any questions or need representation in a drunk driving case, contact us today to schedule a consultation to review your case.