Breath Test Refusal Lawyer in Rochester, NY

Experienced DWI Defense Attorneys Fight Breath Test Refusal Charges in New York

A lot of people make the mistake of thinking that they can avoid consequences for drunk driving by simply refusing to take a breath test when requested by police. This is not the case. If you are pulled over and arrested by a NY patrol officer on suspicion of drunk driving and then refuse to submit to a breath test, you can be charged with Breath Test Refusal. In fact, in most DWI/DUI cases, you are not allowed to refuse to consent to a chemical test. The penalties for refusing to take a chemical test, including a breath test, blood test or urine test, include revocation of your driver’s license for at least one year, which can cause serious problems for you going forward. That’s why it is crucial that you consult with a qualified DWI defense attorney immediately.
If you or a loved one has been charged with Driving While Intoxicated (DWI), Driving Under the Influence, Breath Test Refusal or any other drunk driving offense while driving on I-390, I-490, I-590, Route 104, Route 390, Route 590 or any other road in New York, the aggressive DWI defense attorneys at the LaDuca Law Firm can help you. We have years of experience fighting on behalf of clients charged with DWIs and DUIs in Rochester, Buffalo and Genesee, NY. We can help you contest your Breath Test Refusal charges and maintain your driving privileges. Contact us today to schedule a free consultation at our Rochester, NY office.

Breath Test Refusal Charges – Get Help Today!

You consent to breath testing simply by virtue of being licensed to drive in the State of New York. Moreover, even if you remain silent when law enforcement asks you to take the breath test, you can still be charged with Refusal. That’s because silence is the same as outright refusal under the NY implied consent law.
Generally speaking, you will only be asked to take a breath test after being placed under arrest. However, if you are involved in an auto accident, it’s possible that you could be asked to submit to a breath test prior to being arrested. Based on the results of the breath test – if it shows that your BAC is above .08 percent – you could then be asked to submit to another chemical test.

Penalties for Breath Test Refusal in Monroe County and Erie County, NY

A conviction for Breath Test Refusal can do permanent damage to your driving record, resulting in significantly higher insurance rates for years to come. The immediate consequences of a Refusal conviction include license revocation for a period of at least one year. A second Breath Test Refusal conviction occurring within five years of a previous Refusal or DWI conviction will result in enhanced penalties, including license revocation for at least 18 months.
Perhaps worst of all, you can still be charged with a DWI even if you don’t take the breath test! That’s because NY prosecutors are allowed to use other evidence of impairment to establish that you were intoxicated at the time of your arrest. This means you could be subject to additional penalties that include an even longer period of revocation or suspension of your license, significant monetary fines and possible jail time.

Strong Defenses against a Breath Test Refusal Charge in Upstate New York

A knowledgeable DWI defense lawyer can potentially help you contest a Refusal charge and avoid the most severe penalties. For example, depending on the circumstances of your traffic stop and subsequent arrest, it may be possible to argue that the police officer who pulled you over did not have justification to do so. Under New York law, police must have probable cause before stopping a vehicle. If the officer who stopped your car lacked probable cause, the officer’s later request for you to take a breath test may have been invalid.

Free Consultation with DWI and Breath Test Refusal Lawyers in Rochester, New York

There are a number of potential defenses against a Breath Test Refusal charge in New York. That’s why it is imperative that you speak with a qualified DWI defense lawyer before making any statements or admissions to the police. The experienced criminal and DWI defense attorneys at the LaDuca Law Firm understand the nuances of drunk driving laws in New York and can help you fight your charges. Contact us today to schedule a free consultation at our office in Rochester, New York.