If I got a first DWI and I refused to take a breathalyzer test, what are my chances of beating it?

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If I got a first DWI and I refused to take a breathalyzer test, what are my chances of beating it?

Asked on August 1, 2011 New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In New York, if the police stop you and ask you to take a breathalyzer you have an obligation to do so.   The reasoning being that driving is a privilege not a right and something known as "implied consent" laws, meaning that when you obtain a driver's license motorists give consent to field sobriety tests and chemical tests to determine impairment. So since you did not the Department of Motor Vehicles (DMV) can suspend your license for one year (which means revoking the privilege to drive) plus a fine.  Were other tests administered here?  Any field sobriety tests?  They will come in to play and without knowing more about their outcome it is difficult to give guidance here. Please seek help from an attorney in your area.  Good luck.


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