What Are The Penalties In The Rochester Area For Refusal To Submit To A Chemical Test?

As experienced Rochester criminal defense lawyers, we have represented many individuals who have refused to submit to a breath, blood or urine test after being stopped for drinking and driving.

Refusal to submit to a chemical test carries penalties aside from any other drinking and driving offenses charged and triggers a separate action by the Department of Motor Vehicles.

If a defendant refuses the chemical test, his or her driver’s license will be suspended by the judge at arraignment, which usually occurs shortly after being arrested.

The physical driver’s license will be sent to the DMV by the court, and a hearing will be scheduled before an administrative law judge (ALJ) employed by the DMV. This hearing should take place within fifteen days.

The only issue at the DMV hearing will be whether the defendant refused the lawful request of a member of law enforcement to submit to a chemical test.

The refusal does not have to be proven “beyond a reasonable doubt” like in criminal court, but instead by a preponderance of the evidence, which basically means that if the ALJ thinks it is more likely than not, then the defendant will be found to have refused the test.

For a first time offender, the DMV will impose a minimum period of driver’s license revocation of one year for refusing a chemical test.

There is also a $500 civil penalty that must be paid before the driver can get his or her driver’s license back, and a Driver Responsibility Assessment payable to the Department of Motor Vehicles of $250 per year for three years.

Even more importantly, a person who refuses the breath test is not eligible for a conditional license that would allow him or her to drive for work or school during the one year revocation period.

These extremely harsh licensing penalties are designed to discourage drivers from refusing the chemical test under any circumstances.
A DWI with refusal of the breath test carries serious penalties. If you need legal help, call us at 585-484-7432.

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