The laws of implied consent say that if you chose to drive on any public roadway in New York, you automatically agree to submit to chemical testing if accused of DWI. Chemical testing can be in the form of a breathalyzer or through urine, blood, or saliva tests. Testing must occur within two hours of being pulled over for drunk driving. As an accused driver, you are able to request that additional test be performed by your physician. A Queens chemical test refusal is against the law and doing so can open you to fines and penalties, even if you are not charged with a DWI. Also, refusing the chemical test will cause your license to be revoked or suspended. Additionally, if you are charged with DWI, refusing the test may also be used by the prosecution against you at trial as an admission of guilt.
Penalties for a Refusing to Submit to a Chemical Test
The penalties for refusing to submit a mandatory chemical test include:
- Fines of up to $500, for a first-time refusal
- License revocation for 1 year
If you have refused a chemical test before, or if you have been convicted of a DWI in the last five years the penalties will include:
- A fine of up to $750
- License suspension of up to 18 months
Talk To An Attorney If You Have Refused A Chemical Test
In New York, all drivers have a right to speak to their attorney before deciding to refuse or submit to a chemical test. However, the law does not say that police must wait for an attorney to be present before giving you the test. While it is normally in your best interest to submit to the mandatory test, in some circumstances, a refusal may be warranted. Call Kerben & Associates at 718-575-8433 as soon as possible. The decision to submit to or refuse chemical testing in a DWI situation is always important and can have complex repercussions.
Be aware that the state can charge you with violating two separate laws in a DWI case. You can be charged under the law of per se, in which the chemical test is used to show that you have a blood alcohol concentration level above the legal limits of 0.08 if you are over age 21, 0.02 if you are under the age of 21, or 0.04 if you are a commercial driver. However, you can also be charged with driving while abilities are impaired DWAI or DWI based solely on the findings of the arresting police officer, i.e., you were unable to reasonably and prudently operate a vehicle due to alcohol impairment.
We’ve Handled Thousands of DWI Cases In Queens
To speak with our attorneys about your Queens chemical test refusal, call Kerben & Associates at 718-575-8433. Located directly across the street from the Queens criminal courthouse, we have over 34 years of experience handling all types of DWI cases throughout New York City and it’s always our priority to get the best results possible for our clients. Call today to schedule a free face-to-face consultation with one of our attorneys and find out how we can help in your case.
