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What Happens If You Refuse a Chemical Test in New York? - Rachel Kugel · BSPE Legal Marketing Podcast

• 0:00
  SPEAKER_00: What happens if you refuse a chemical test in New York?
• 0:03
  SPEAKER_00: In New York, refusing a chemical test after a DWI arrest can set off a chain of serious legal consequences that unfold on two entirely separate tracks simultaneously.
• 0:14
  SPEAKER_00: Under New York's implied consent law, every driver who gets behind the wheel on a public road has already legally agreed to submit to a breath, blood, urine, or saliva test if lawfully arrested for suspected DWI.
• 0:28
  SPEAKER_00: This obligation is codified in Section 11942B of the New York Vehicle and Traffic Law, which governs both the procedure officers must follow and the penalties that follow from a refusal.
• 0:41
  SPEAKER_00: A refusal can be explicit, like saying the word no, or implicit, like staying silent, ignoring instructions, or failing to provide a sufficient breath sample after repeated attempts.
• 0:52
  SPEAKER_00: At the moment of your arraignment, the judge suspends your driving privileges on the spot based solely on the officer's refusal report, with no hardship or conditional license available during that period.
• 1:04
  SPEAKER_00: The DMV is then required to schedule a separate refusal hearing within 15 days of your arraignment.
• 1:10
  SPEAKER_00: And if that deadline is missed, your driving privileges are reinstated pending a rescheduled date.
• 1:16
  SPEAKER_00: Refusing a chemical test does not prevent prosecutors from moving forward with a DWI charge, since they can still rely on officer observations, field sobriety test performance, driving patterns, and any statements you made during the stop.
• 1:30
  SPEAKER_00: If the DMV hearing confirms the refusal, your license suspension becomes a full revocation lasting at least one year, even if you are ultimately acquitted in the criminal DWI case.
• 1:41
  SPEAKER_00: First-time offenders also face a civil fine of$500, plus a driver responsibility assessment of$250 per year for three consecutive years, totaling an additional$750 in financial penalties.
• 1:56
  SPEAKER_00: Drivers with a prior DWI or refusal within the past five years face an 18-month revocation and a$750 fine, while drivers under 21 face revocation for one year or until they reach age 21, whichever period is longer.
• 2:13
  SPEAKER_00: A refusal will remain on your driving record for at least five years, giving insurance companies grounds to raise your premiums or cancel your policy entirely.
• 2:22
  SPEAKER_00: Before an officer can legally request a chemical test, they must have probable cause for the arrest, clearly ask you to submit to the test, and explicitly warn you of the consequences of refusing.
• 2:33
  SPEAKER_00: An experienced attorney can challenge whether those legal requirements were actually met, and that challenge becomes the foundation of your defense at the DMV refusal hearing.
• 2:42
  SPEAKER_00: The law firm's approach involves reviewing everything that happened during the traffic stop and arrest, identifying procedural issues, and helping you understand every option available to protect your license.
• 2:54
  SPEAKER_00: A skilled lawyer can examine whether the officer had lawful grounds, whether the refusal warning was properly given, and whether your actions truly qualified as a refusal under the law.
• 3:04
  SPEAKER_00: Call the Couga Law Firm at 212 372 7218, located at 111 East 125th Street, 2nd Floor, New York, New York 10035, to review your defense options and protect your driving privileges today.