When a police officer pulls you over on suspicion of a DWI, they cannot force you to take a breath test. However, you face several legal penalties for refusing. According to the New York DMV, driving means you fall under the law of implied consent for chemical tests.
Even though the state considers driving to be consent, you still have certain rights. If you find yourself under suspicion of a DWI, continue reading to learn more about what to expect.
Penalties for refusal
Once you refuse to take a breath test, you will lose your license for up to 12 months. However, if the police officer does not follow protocol, the judge might drop your charge. If the arresting officer does not clearly state you will lose your license, your refusal might become void. Also, the officer must administer a breath test within two hours of the arrest. The officer must allow you to contact a lawyer during this time, and it is in your best interest to do so. Your lawyer can help advise you on whether to refuse the breath test.
Cooperate without revealing too much
Remember, nothing about a DWI charge is 100 percent predictable, and this article does not guarantee anything. Your best strategy during a DWI arrest is to cooperate with the police without revealing any information about your drinking activity.
DWI arrests usually result in some form of penalty. This does not mean you should give up or automatically plead guilty. Each case is different, so understand your rights and remain calm.