Consequences Of Refusing The New York DWI Chemical Test

If you refuse a chemical test for BAC (Blood Alcohol Content), your license will be suspended at arraignment and revoked for at least one year (18 months for a commercial driver) at a Department of Motor Vehicles hearing.

If you are age 21 or over and you have a second refusal within five years of a previous refusal or alcohol conviction, your license is revoked for 18 months (permanently for a commercial driver).

If you are under age 21, and you have a second refusal within five years of a previous refusal or alcohol conviction, your license is revoked for one year or until age 21, whichever is longer.

You will also be subject to a civil penalty of $500 (second offense, $750). A driver under 21-years-old who refuses to take a chemical test under the Zero Tolerance Law is subject to a one-year license revocation and a $300 civil penalty.

The penalties and fines for refusing to submit to a chemical test are separate from, and in addition to, the penalties and fines for alcohol or drug-related convictions.

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