New York’s laws are designed to strongly discourage drivers suspected of drinking and driving from refusing to take a breath test.

A Rochester driver who is a first time DWI offender and who refuses the breath test will have his or her driver’s license revoked for one year.

If the driver has previously refused a breath test or been convicted of an alcohol-related driving offense within the past five years, the revocation is extended to eighteen months.

While first time offenders convicted of a drinking and driving offense usually are eligible to obtain a conditional driver’s license to drive for work, school and other necessities, there is no basis for obtaining a conditional driver’s license when the Department of Motor Vehicles finds that a driver has refused a breath test.

This fact can have a great impact on what strategy a defendant should pursue regarding the DWI charges in criminal court.

This is because a first time offender who refused the breath test but also is convicted of a drinking and driving offense in criminal court may obtain a conditional driver’s license based on the drinking and driving conviction.

A first time offender who refused the breath test and is acquitted of all drinking and driving charges, however, has no basis for obtaining a conditional driver’s license.

There must be a conviction for a drinking and driving charge for the defendant to obtain a conditional driver’s license.

As a result, even though acquitted of all charges in criminal court, a defendant who refused the breath test will have no driver’s license – not even a limited one – for one year.

When a driver is faced with this situation, it helps to have an experienced DWI lawyer who can help determine the best course of action.

In many cases, an acquittal of all drinking and driving charges may not be desirable if it means the loss of all driving privileges for a full year.

If you have been arrested for drinking and driving and need help determining how to proceed, please call us at 585-484-7432.