Search Site
Menu

What happens if one refuses a breath test?

Drivers in New York who are stopped by law enforcement and asked to take field sobriety tests or submit to a chemical test will often be confused as to what their rights are. Many might be under the impression that refusing a breath test or declining to take part in field sobriety tests falls under their legal rights. This is a mistake.

When a person has a driver’s license, they give implied consent to take part in these tests when asked to do so by a law enforcement officer. The goal of the breath test is to determine the blood-alcohol content. If a driver refuses, this can have serious consequences, even if the person was not legally under the influence at the time. To defend against these charges, legal help is imperative.

When the traffic stop is made, a field sobriety test might be requested by the officer. That can include a breath test. Refusing the breath test will lead to a driver’s license suspension when the person is arraigned. It will last for a minimum of one year. If there is a second offense of refusing a breath test, the suspension will be for 18 months.

Drivers under the age of 21 will face even harsher penalties. Since they are legally not allowed to drink at all, there is what is known as a “Zero Tolerance Law.” A driver’s license will be revoked for one year and there will be a penalty of $125. These are not linked to the punishments for a person being convicted of actual drunk driving or driving under the influence of drugs. It is important to remember this point.

Since facing drunk driving charges can be compounded by refusing a breath test, it is vital for a person who is dealing with the allegations to have a strong legal defense to try and avoid the harshest penalties. A law firm that understands all aspects of drunk driving law including refusal and underage DUI can help with formulating a defense and perhaps keep the person from losing their driving privileges. A lawyer is key to a case and should be contacted immediately.

Leave a Reply

Your email address will not be published. Required fields are marked *

James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

Adam D. Staier Attorney Photo
Adam D. Staier
Of Counsel

About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…

William M. Swift Attorney Photo
William M. Swift
Associate Attorney

About William M. Swift is an associate attorney at the Law Office of James L. Riotto and brings 20 years of experience to our clients. His practice focuses on personal injury cases and criminal matters. He has successfully represented individuals in felony, misdemeanor cases. Additionally, he has extensive knowledge in DMV administrative proceedings involving suspensions…

  • What to do if pulled over for a DUI


    How to deal with a DWI traffic stop

    How you handle getting pulled over for a DUI/DWI can significantly affect your defense down the road. For instance, declining the officer's request to search your vehicle and avoiding specific answers when asked about any substances you may have consumed could help you when combating DUI/DWI charges in court.
    READ MORE
Reviews and Ratings
  • google
    5.0/5.0

    Recently I have dealt with my ticket from United States being from Canada ....I was totally unaware how would I deal with the situation being in Canada , so I Google and found James Riotto office , after approaching Natasha Crawford and Brian persons...

    Read more

    QAISER QARI

  • google
    5.0/5.0

    The Law Office of James L. Riotto, recently handled a speeding ticket for me. I was stopped for doing 74 MPH in a 45. I did not realize the limit had dropped that much. I was concerned about points on my license, and higher insurance costs resulting ...

    Read more

    Michael McGuire

  • google
    5.0/5.0

    The legal team at this law firm were very responsive when ever i needed a question answered or anything i needed. Destinee kessler was definitely the G.O.A.T tho she. She was going above and beyond to make sure i was always on my A game, and was prep...

    Read more

    Speed 585 (wavyjonesBeats)

  • google
    5.0/5.0

    We called the Law Office of James Riotto after we had a car accident. Within one call they summed up how they would handle the situation for us. We paid the fee upfront and they got to work. They told us exactly what information they needed from us a...

    Read more

    Monique b

  • google
    5.0/5.0

    Both me and my friend get a really satisfied result for our traffic ticket at this office. They are very proffesional and trustworthy. I would definately recommand them for anyone who needs legal help.

    Read more

    Edward Jiazhen Tan

See all reviews
Contact us

Quick Contact Form