Breathalyzer tests are the most common test given to find a person’s blood alcohol content (BAC) when they’re suspected of drinking and driving. In New York, a person gives their consent to take these tests when they obtain their driver’s license. This is called implied consent. However, many people who are pulled over will refuse to take the breathalyzer test because they want to avoid a DUI. Under DWI law in Cortland NY, this might not be a good idea.
If a person refuses the BAC test, they will automatically have their license suspended for a period of at least one year. They will also need to pay a fine of $500 before they can have their license reinstated. This occurs regardless of the outcome of their DUI case and is in addition to any penalties they might receive if they are convicted of a DUI. On top of the suspension and fine, they will need to pay into the Driver Responsibility Program for three years. This is a minimum of $250 per year for the three years.
Refusing the BAC also doesn’t get them out of a DUI charge. The arresting officer can still arrest them based on their driving, their actions during the stop, and whether they believe the person was driving under the influence. The officer does not need a positive BAC test to arrest the person, they just need to be able to show the person was likely driving under the influence when they were stopped. Instead, they will still be arrested, still need to hire a lawyer for help, and still face a possible conviction on top of having extra fines to pay because of their refusal.
If you’ve been stopped under suspicion of drinking and driving, it might be a good idea to go ahead and take the breathalyzer to avoid these penalties. Then, contact a lawyer who is experienced with DWI law in Cortland NY to get help if you are arrested for a DUI. They can help even if the BAC test showed you were over the legal limit for driving. Browse our website now to learn more and to get the help you need to deal with your arrest.