Consequences of Refusing a Chemical Test

Under New York’s implied consent law, drivers arrested on suspicion of DUI / DWI or driving under the influence of drugs (DUID) are required to submit to a chemical test to determine blood alcohol content (BAC) or signs of drug use. A driver who refuses a chemical test after a drunk driving arrest faces serious repercussions at the DMV. An experienced New York DUI / DWI attorney can advise of the consequences of a chemical test refusal and develop a strategy to fight the charges.

If a DMV hearing officer finds that a driver refused a chemical test, he or she will impose a lengthy license suspension – one year for a first refusal, two years for a second refusal, three years for a third refusal, and four years for a fourth refusal. Unlike drivers who submit to chemical tests, motorists who refuse will not receive a restricted license to drive to work.

More Information on Refusal Cases

NY DMV Refusal Hearings