When a Rochester driver is suspected of drinking and driving, law enforcement will usually ask that driver to take a breath test.

Because the defendant’s breath test score can be a very important piece of evidence in any DWI case, New York State has passed laws designed to strongly encourage drivers stopped on suspicion of drinking and driving to take the breath test.

These laws are based on a concept called “implied consent.”

With respect to the breath test, this concept has been interpreted to mean that in exchange for being granted a driver’s license and the right to drive on the public highways of New York State, every driver has consented to providing a breath or blood sample to determine alcohol content if asked by a member of law enforcement who has a reasonable basis for believing the driver may be intoxicated or impaired by alcohol.

As a result of having “consented” to taking the breath test, a driver has no legal right to refuse to take it and may be penalized for refusing to do so.

Refusing to submit to the breath test carries serious consequences even if the driver is subsequently acquitted of any drinking and driving charge.

If the driver is found to have refused a lawful request to submit to the breath test, his or her driver’s license will be revoked for at least one year and he or she will be subject to a $500 fine.

If the driver has refused the breath test on a prior occasion or been convicted of any alcohol or drug related driving offense within the past five years, the length of the driver’s license revocation rises to eighteen months and the fine is increased to $750.

If you have been arrested for drinking and driving and refused the breath test, it is important to have an experienced DWI lawyer who can help you navigate the legal system.

Please call us 585-484-7432 for a legal consultation.