What Happens If A Person In The Buffalo Area Refuses The Breath Test A Second Time?

When a Buffalo driver who is suspected of Driving While Intoxicated refuses to take a breath test to determine his or her blood alcohol content, there are penalties that may be imposed by the Department of Motor Vehicles in addition to any charges brought in criminal court.

For a person with no prior drug or alcohol related driving offenses who refuses to take a breath test, these penalties are a driver’s license revocation of at least one year, a civil fine in the amount of $500 and payment of a Driver Responsibility Assessment in the amount of $250 per year for three years.

When a driver refuses to take the breath test and either previously had his or her driver’s license revoked for a prior refusal to take a chemical test within the past five years or had been convicted of Driving While Ability Impaired by Alcohol, Driving While Intoxicated, Driving with a .08% or Greater Blood Alcohol Content, Aggravated Driving While Intoxicated, Driving While Ability Impaired by Drugs, Driving While Ability Impaired by the Combined Influence of Alcohol and Drugs, or Driving After Having Consumed Alcohol under the Age of 21 with the past five years, he or she is no longer considered a first time offender.

Under such circumstances, the penalties are increased to a driver’s license revocation of at least eighteen months and a civil fine of $750 (unless the underlying offense was Driving After Having Consumed Alcohol under the Age of 21, in which case the fine remains $500).

The Driver Responsibility Assessment of $250 a year for three years remains the same.

Refusing to submit to a breath test can have serious consequences outside of court. If you have been arrested after refusing a breath test and need an experienced DWI lawyer, we can be reached at 716-542-5444.

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