When arrested on DUI charges in New York, refusing to submit to a breathalyzer often seems the best option since test results provide strong evidence of intoxication. However, refusing the test brings its own legal consequences that skilled DUI defense lawyers can help mitigate. Understanding the repercussions and potential defenses to breath test refusal charges is essential.
The New York “Deemed Consent” Law and Test Refusal
Under New York’s “deemed consent” laws, any driver with a state license impliedly consents to field sobriety and breath alcohol testing upon arrest. Refusing to blow into a breathalyzer upon police request triggers these penalties:
- Immediate 6-12 month driver’s license suspension
- Up to $500 civil penalty
- “Refusal” charge on your DMV record
- Possible impact on DUI case resolution
Unlike most states, test refusal in NY does not constitute a separate criminal charge. But with suspensions mandated, the DMV consequences still create major hardship. Knowing the trade-offs when debating breath test refusal is critical.
When Refusing the Breath Test is Smart Strategy
In some circumstances, refusing makes strategic sense despite the suspension risk:
- Buying time to reduce BAC – With alcohol still metabolizing after arrest, delaying testing gives levels a chance to drop before blood is drawn later under warrant.
- Prior convictions – With priors, the elevated DUI charges from high breath results outweigh refusal consequences. Test refusal therefore mitigates sentence downgrades.
- Medical conditions – Breathing issues like asthma make providing deep lung air samples difficult, leading to inflated BACs. Refusal avoids this.
- Mouth alcohol – Recent food, drink or regurgitation creates mouth alcohol that can falsely elevate breath results. Test refusal sidesteps false readings.
An experienced DUI attorney can advise if the benefits of refusal outweigh the refusal penalties based on your unique case.
Fighting the DMV Refusal Suspension
While suspension for refusing the breath test is administratively mandated, grounds exist in some cases to challenge and reverse the suspension at DMV hearings:
- No valid request – Officer failures to clearly read required refusal warning or properly request a test makes suspensions challengeable.
- Medical inability – Respiratory conditions that prevent providing enough breath can justify refusal and avoidance of suspension.
- Limited time to comply – Not providing ample time to consent to testing makes suspensions fightable.
- Warrantless arrest – Refusing when no warrant authorized the DUI arrest allows reversing suspension.
With the right evidence and attorney arguments, overcoming refusal suspensions is possible in certain circumstances.
Using Refusal to Fight DUI Charges
Paradoxically, refusing the breath test, when strategically sound, can aid the underlying DUI defense case:
- No breath evidence to explain – Prosecutors must build an impaired driving case without the key BAC results.
- Possibility of warrant defects – Any flaws in warrants authorizing blood draws gained through refusal highlight shoddy police work.
- Good faith efforts – Showing attempts to provide breath samples before ultimately being unable despite effort casts doubt on the case.
- Suppression arguments – Refusing after rights violations or providing fake samples due to coercion adds leverage to get evidence suppressed.
While test refusals have downsides, the lack of BAC results also deprives prosecutors of a key piece of DUI evidence. Savvy defense lawyers can capitalize.
Skilled NYC Attorneys Fight Refusal Suspensions
With DMV hearings highly technical, having an experienced lawyer contest your breathalyzer refusal suspension is advisable. Look for counsel with proven success:
- Getting suspensions overturned – Ask prospective lawyers about their refusal suspension reversal rates at hearings. Past wins demonstrate expertise.
- Navigating complex regulations – Intimate knowledge of technical testing procedures and refusal hearing protocols is essential. Gauge rules familiarity.
- Effective cross-examination – Pinpointing procedural errors requires targeted questioning of arresting officers. Look for probing skills.
- Strength presenting medical evidence – Physical inabilities to blow require documentation. How persuasively can a lawyer present medical proof?
- Efficiency obtaining hearings – Refusal hearings must be requested promptly. Response time and hearing scheduling rates indicate diligence.
Don’t let refusal suspension penalties exacerbate your DUI case unnecessarily. The right lawyer can overturn suspensions while strengthening your overall defense.
FAQs
What are common breathalyzer inaccuracies?
Machine calibration issues, improper use/handling, residual mouth alcohol from food/regurgitation, radio interference, temperature fluctuations, and medical conditions causing false highs are among potential breath test inaccuracies.
Can DUI charges be lowered after refusing a breath test?
Yes, without the breath results, prosecutors lose key proof of impairment. Experienced lawyers can negotiate plea deals to lesser charges like reckless driving after strategic refusal.
How long is the refusal suspension in NY?
First and second refusal suspensions last 12 months. Subsequent refusals within 5 years lead to 18-month suspensions. Commercial license suspensions span 1 year minimum.
