Leo V. Duval Attorney At Law
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What happens if I refuse to submit to a chemical test?

If you are facing criminal charges of any kind, your future and your freedom are at stake. This is true for charges related to drunk driving as well, no matter if it is your first offense or you have previous drunk driving charges on your criminal record. New York law takes a strong stand against intoxicated driving and all related criminal offenses, including refusing to submit to a chemical test.

It may surprise you to learn than even refusal to submit to a chemical test could result in serious criminal penalties and consequences. If you refused to submit to a test and now find yourself facing legal trouble because of it, you would be wise to work to defend yourself and mitigate potential penalties. 

The penalties associated with refusal

So you refused to submit to a chemical test when asked to do so by law enforcement for suspected drunk driving--what is the big deal? It is, actually, a big deal according to state law, and the penalties that you are facing can be expensive and inconvenient. The penalties are as follows:

  • Chemical test refusal: Refusal to submit to a chemical test will result in a $500 fine or $550 fine for commercial drivers. There will be a license revocation for a period of one year, or 10 months for commercial drivers.
  • Refusal within five years of last drunk driving offense: Refusal to submit for a second time within five years of the last refusal or DWI will result in penalties of $750 and a license revocation for 18 months. Revocation for underage drivers is one year or their 21st birthday, and for commercial drivers, revocation is permanent.
  • Chemical test refusal related to zero tolerance law: Penalties range from $300 to $750, depending on driver's DWI history, and application fees will also apply. The license revocation will last for a period of one year.

As the above list demonstrates, refusing to submit is not a minor issue. It can be quite important to work on an effective defense, even for refusal-related charges.

Protecting your interests after a drunk driving charge

The criminal charges you are currently facing are a big deal. You would be wise to act quickly to protect your interests. Any drunk driving related charges can result in harsh penalties, and you will find it beneficial to actively defend yourself. Through a strong defense strategy, you can effectively confront these charges and seek a beneficial outcome to your situation.

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Leo V. Duval Attorney At Law

885 Annadale Rd | Staten Island, NY 10312 | Phone: 347-690-1777 | Fax: 718-966-5352 | Staten Island Law Office Map