Refusal to Test

New York DWI Laws: Refusal to Test

After a police officer arrests a driver for drunk driving, the officer will ask the driver to submit to a breathalyzer test to determine the driver's blood alcohol content (BAC). If the driver has a BAC level of .05 to .07, they will probably be charged with DWAI (driving while alcohol impaired).

If the driver has a BAC level of .08 or higher, they will likely be arrested for DWI. If the driver's BAC level is .18 or higher, they may be charged with aggravated DWI.

Drivers who refuse to submit to a breath, blood or urine test after arrest may be guilty of a refusal to test (sometimes referred to as chemical test refusal). In addition to being arrested for DWI, the driver faces a possible driver's license revocation of at least one year (for a first refusal).

Call 518-794-8708 or 888-SPEEDTX to speak with a New York Criminal Defense Lawyer

If you have been arrested for DWI or your license is in jeopardy because of a refusal to test, contact the experienced DWI defense team at the James Kleinbaum Attorney At Law P.C.. Based in Chatham, New York, we provide experienced and aggressive representation for clients statewide throughout New York, including Columbia, Greene, Dutchess, Rensselaer, and Albany counties.

Attorney James E. Kleinbaum is an experienced criminal defense attorney with more than 15 years of legal experience. He has handled hundreds of DWI/DWAI cases, including many refusal to test cases.

Criminal Charges and DMV License Revocation Hearings

If we are retained to handle your case, we will provide a vigorous defense of your record, freedom and driving privileges. We can handle your criminal case and your civil DMV license revocation hearing. Our goal in each case is to protect our clients from jail time and limit all adverse consequences they may face, including any possible damage to their record and driving privileges.

Contact Us

To speak with a DWI defense lawyer at our firm about a refusal to test or other DWI related matter, call 518-794-8708, 888-SPEEDTX (toll-free) or contact us by e-mail.