Those who are arrested on suspicion of drunk driving are often subjected to chemical tests, such as a breath test. The goal of the test is to measure their BAC (blood alcohol concentration) to see if they have exceeded the legal limit.
But what options do you have if you get pulled over? Say that the officer asks you to take a test, but you’re not sure if you should do so or not. You certainly don’t want to incriminate yourself. Are you allowed to refuse the test? What happens if you do?
Refusal under implied consent laws
Refusal is possible, and the officer won’t force you to take a breath test. They will simply ask you to do so, but you can refuse the test.
That said, like most other states, New York has implied consent laws. Simply by obtaining your driver’s license, you have already agreed to the chemical tests in question. As long as you’ve been legally stopped by the police, you have consented to those tests, and the police expect you to take them.
By refusing, you are technically violating this previous consent. In response, the state is going to automatically suspend your driver’s license for at least 12 months. You will also be fined $500. If you are a commercial driver, you will be fined $550, and the license revocation could last for 18 months, rather than 12.
So, while you are allowed to refuse the test if you want, that doesn’t mean you can do so without ramifications. Be sure you are well aware of the legal defense options you have at this time and what steps to take.