What Is Refusal to Submit To A Chemical Test In The Rochester Area?

A Rochester driver who is stopped for suspicion of driving under the influence of alcohol or drugs will, on almost all occasions, be requested to submit to a breath, blood or urine test to determine the amount of alcohol or drugs in his or her system.

Under New York State law, a driver is required to submit to this test or face certain penalties.

The reason this testing is required is because many of New York’s laws designed to combat driving under the influence of alcohol are based on a defendant’s blood alcohol content, with the potential charges and penalties becoming more serious as the blood alcohol content rises.

While the issue is often less clear cut in the case of drugs, which do not have the incremental increase in penalties seen with alcohol, a finding of drugs in a drivers system would clearly support that they are in violation of the law.

Because of concerns that extremely intoxicated or impaired drivers would benefit from refusing to take a breath, blood or urine test to avoid enhanced penalties, New York has enacted a system to penalize drivers who refuse the test.

While some police agencies will write a ticket when a driver refuses the test, the matter is not actually handled in the local criminal court, but by the Department of Motor Vehicles.

If you have refused the breath test, you will need an experienced criminal defense attorney to help you navigate both the criminal court system and the DMV. We can be reached at 585-484-7432.

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