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Our firm has extensive experience defending DUI charges in the City of Milton Municipal Court. We understand the 30 day response letter process, Office of State Administrative Hearings hearings and dealing with City solicitors (prosecutors).
Should you decide to refuse a breathalyzer test during a stop, it is crucial that you consult with your lawyer immediately. Their goal should be to get these charges dismissed or reduced accordingly.
1. You Could Be Suspended for a Year
Even if a driver falls below the legal limit, refusing the PBT may be beneficial if they feel very intoxicated. Otherwise, the State could charge them with an aggravated DWI per se, carrying harsher penalties than regular DWI charges.
If a driver declines a breathalyzer test, the State may rely on subjective evidence such as observations by officers or performance during field sobriety tests to prosecute. An attorney often finds it easier to discredit this type of evidence rather than contest an objective BAC reading.
As it’s important to keep in mind, refusing chemical testing may also have an impact on your auto insurance rates. Many insurers consider DUI charges and refusals of breathalyzer tests indicators of risk and might increase premiums accordingly – an additional expense the driver will need to bear alongside any legal expenses related to their DWI case.
2. You Could Be Suspended for a Lifetime
Refusing to take a breath test leads to immediate administrative license suspension for at least a year, regardless of whether their DUI case goes through criminal or civil prosecution. Appeals against such suspension can be brought through civil hearing.
Unfortunately, license suspension hearings often take place within a very brief window of time, making it challenging for individuals to defend themselves against license suspension. That’s why it’s vitally important to contact an attorney as soon as possible: we can challenge the legality of the stop, the officer’s reason for requesting a test and other key aspects of your case – which has led to reduced suspensions or even restored driving privileges in some instances – but ultimately success depends on being able to present strong arguments with evidence against you; without this evidence against you, prosecutors could focus on bloodshot eyes, smell of alcohol, irregular behavior and other key factors to prove you were indeed impaired – which I have helped clients do.
3. You Could Be Suspended for a Lifetime
Under state laws, refusing a breath test could result in the indefinite suspension of your driver’s license. Such action are rarely given and usually reserved for individuals who have committed serious offenses or who could pose a significant danger if allowed back onto the roads.
In most states, police must inform you of the consequences of refusing a breathalyzer test before asking you for a sample. They cannot wait for you to consult a lawyer or delay taking it; additionally, they do not need to inform you that once taken it may be changed later.
At times, refusing a breath test when you believe yourself to be heavily intoxicated may work to your benefit. If the officer recognizes your BAC is below legal limit, they could charge you with DWAI instead of DWI which could result in less jail time and fines than would apply with a common law DWI conviction.
4. You Could Be Suspended for a Lifetime
As in every state, New York law mandates drivers submit to breath tests (or blood or urine samples) when police officers have reasonable suspicion that they are driving drunk. Refusing such chemical tests could result in license revocation and other penalties; moreover, refusing a test could hinder prosecutors’ attempts to prove your BAC was above legal limits with evidence like video, bad driving or other forms of strong proof existing against you.
However, police officers have an obligation to inform you about the potential repercussions of refusing a test prior to offering one – this information could play a pivotal role in your decision as to whether or not to take one. Furthermore, officers’ testimony can be used against you at trial if your case goes to trial; for this reason it is essential that an experienced attorney build a defense that counteracts subjective evidence from law enforcement officers as well as question their observations and procedures if possible in order to win Refusal Hearing and retain your license if possible.
