What are the penalties for refusing a breath test in New York?

If you refuse to take a breath test after being stopped for driving while intoxicated (DWI) in New York, your driver’s license will automatically be suspended for six months to a year. You will also be fined up to $500.

A subsequent refusal of a breath test will lead to an 18-month suspension of your driver’s license and a fine of $750. The same penalties apply if you have had a DWI conviction in the past five years.

Keep in mind that penalties for refusing a breath test are separate from the standard penalties that come with a DWI conviction. You can also still lose your driving privileges and be fined on the basis of refusing a breath test without ever being found guilty of DWI.

Other Criminal Defense FAQs:

• Am I eligible for a conditional license?
• Am I liable for fraudulent charges on my credit card or for accounts opened by the identity thief?
• Am I required to submit to a breath test in New York?
• Are child pornography charges state or federal?
• Are prescription drugs illegal in New York?
• Are sex offenders restricted in where they may live?
• Are there any laws that prohibit identity theft in New York?
• Can a child receive child pornography charges?
• Can a probationer sentenced to probation supervision in New York move out of the state?
• Can drivers under 21 be charged with a DWI in New York?
• Can I be charged with a sex crime even without having sexual intercourse?
• Can I be charged with child pornography if the pornographic material belongs to someone else?
• Can I get fired for my political opinions?
• Can I own a firearm if I have an order of protection against me?
• Can I own a gun even if I have a felony record?
• Can I talk to the police if I am careful not to reveal anything incriminating?
• Can the charges I am facing get more serious even if I have already been charged?
• Do I have to allow police to enter my home?
• Do I have to report domestic violence?
• Do I need an attorney if I am charged with a minor crime?
• Do I need an attorney if I plan to plead guilty?
• Do I need an attorney?
• Do the Police Want to Talk to You?
• Does a conviction of unlawful sexual intercourse require registration as a sex offender?
• Does a crime still go on my record even if I am cleared of it?
• How can a lawyer defend me from DWI charges in New York?
• How can I detect if my identity has been stolen?
• How Do Gun Laws Vary Across New York?
• How does a domestic violence charge affect visitation with my child?
• How does a federal crime differ from a state crime?
• How is a criminal record expunged in New York?
• How long does a sex offender stay on the New York Sex Offender registry?
• How long does an order of protection last in New York?
• I confessed to something I did not do. What can I do?
• I Have a Bench Warrant. Why Was It Issued?
• I own a business and handle personal information belonging to my customers and employees. What can I do to protect this information?
• I suspect that my child may have been sexually abused. But I am not sure. What can I do?
• I was arrested for committing a crime. Do I need a lawyer even if I am innocent?
• I was arrested for drug possession in New York. What should I do?
• I was arrested for patronizing a prostitute in New York. What are the chances of my case being dismissed?
• I was charged with phishing. What are my options?
• If a protective order is filed against me in one state is it valid in another?
• If I am stopped by the police, do I have to let them search my vehicle?
• If I see or hear people fighting what should I do?
• If I was sexually abused many years ago, can I still bring a lawsuit for damages?
• If I’m innocent, why shouldn’t I answer police questions?
• Is domestic violence classified as a felony in New York?
• Is it double jeopardy to be prosecuted by state and federal prosecutors for the same crime?
• Is it illegal to possess a small amount of marijuana in New York?
• Is it okay to discuss my case with family and friends?
• Is it okay to refuse field sobriety tests in New York?
• Is it possible for felons in New York to have their gun rights restored?
• Is phishing a form of identity theft?
• Should I Hire an Attorney for the Arraignment?
• Should I take a plea bargain?
• What are Miranda rights or a Miranda warning?
• What are my rights if I am questioned by the police?
• What are some common conditions of parole in New York?
• What are some common types of fraud?
• What are some of the methods used by identity thieves to obtain private information?
• What are some of the more serious possible consequences of identity theft?
• What are some possible defenses for drug possession crimes?
• What are some possible defenses for embezzlement charges?
• What are some possible defenses to identity theft charges?
• What are some types of identity theft?
• What are the consequences of a conviction?
• What are the consequences of a domestic violence conviction?
• What are the consequences of a Leandra’s Law violation?
• What are the consequences of a sex crime conviction in New York?
• What are the consequences of violating parole?
• What are the consequences of violating probation?
• What are the different degrees of stalking under New York law?
• What are the different identity theft charges under New York law?
• What are the different types of orders of protection?
• What are the New York sex offender designations?
• What are the New York sex offender risk levels?
• What are the penalties for a fraud conviction in New York?
• What are the penalties for child abuse?
• What are the penalties for domestic violence offenses in New York?
• What are the penalties for drug crimes in New York?
• What are the penalties for federal crimes?
• What are the penalties for phishing?
• What are the penalties for promoting prostitution in New York State?
• What are the penalties for prostitution in New York State?
• What are the penalties for refusing a breath test in New York?
• What are the penalties for stalking under New York law?
• What are the possible penalties for child pornography?
• What can I do if I am fired from a university?
• What can I do if I believe someone is following me?
• What constitutes a sex crime under New York law?
• What constitutes an internet crime in New York?
• What constitutes child abuse? What are the types of child abuse?
• What counts as resisting arrest in New York?
• What do the sex offender designations mean?
• What does BAC stand for?
• What Happens After Being Arrested?
• What happens at an arraignment?
• What happens if a convicted felon is found in possession of a firearm?
• What happens if I commit an ignition interlock device violation?
• What happens if I fail to report to my probation officer?
• What happens if I violate an order of protection?
• What happens if I violate my conditional license?
• What happens if the judge sets bail?
• What if I am charged with a federal crime?
• What if I did not realize that the images I was looking at or forwarded to a friend were images of underage individuals?
• What If I Didn’t Know There Was a Bench Warrant Issued For Me?
• What if I do not remember all the details of the abuse? Should I still report it?
• What if the police did not read me my rights?
• What is a 3020-A hearing?
• What is a conditional license?
• What is a grand jury?
• What is a “white collar” crime?
• What is adjournment in contemplation of dismissal?
• What is aggravated DWI?
• What is alternative sentencing for drug possession crimes?
• What is an ignition interlock device?
• What is an order of protection?
• What is attorney-client privilege?
• What is bail?
• What is credit card fraud?
• What is criminal fraud?
• What is domestic violence?
• What is drug paraphernalia?
• What is homicide?
• What is identity theft?
• What is interim probation supervision?
• What is Leandra’s Law?
• What is parole?
• What is phishing?
• What is probation?
• What is restitution?
• What is stalking?
• What is statutory rape in New York State?
• What is the difference between a domestic violence charge compared to the same charge outside of a domestic relationship?
• What is the difference between a DUI and DWI in New York?
• What is the difference between a DWI and a DWAI?
• What is the difference between a felony and a misdemeanor?
• What is the difference between a prosecutor and a criminal defense attorney?
• What is the difference between phishing and hacking?
• What is the difference between probation and parole?
• What is the difference between rape and sexual assault?
• What is the difference between record expungement and sealing?
• What is the national sex offender registry?
• What is the Office of Professional Medical Conduct?
• What is the penalty for not registering as a sex offender?
• What is wire fraud?
• What obligations do registered sex offenders have?
• What penalties do people accused of committing white collar crimes face?
• What penalties do physicians face for professional misconduct in New York?
• What protection orders can I place?
• What qualifies as securities fraud?
• What rights do I have as a tenured employee vs. a non-tenured staff member?
• What should I do if domestic violence charges are filed against me?
• What should I do if I am arrested for domestic violence in New York?
• What should I do if I am arrested for identity theft in New York?
• What should I do if I am the victim of identity theft?
• What should I do if I am under investigation for a crime in New York?
• What should I do if I have been sexually assaulted or raped?
• What should I do if I was forced into confessing?
• What should I do if prostitution charges are filed against me?
• What should I do if the NYPD wants to talk to me?
• What should I look for in a criminal defense attorney?
• What should you do if you are suspected of child abuse?
• What type of criminal defense cases does the Brill Legal Group handle?
• What type of domestic violence cases will Brill Legal Group handle?
• What type of offenses can lead to a sentencing of probation?
• What types of offenses are considered domestic violence in New York?
• When and where will the arraignment take place?
• When should I obtain a lawyer after discovering my child was sexually abused?
• Who has to register as a sex offender in New York?
• Who must report cases of child abuse?
• Who prosecutes white collar crimes?
• Why do I need a federal criminal attorney?
• Why hire an attorney instead of using the public defender or representing myself?
• Why would I be charged with a federal crime?
• Will I automatically be arrested if the police are called to my home for domestic violence?
• Will I face penalties for refusing to answer police questions after my arrest?
• Will I still face murder charges if I acted in self-defense?
• Will there be a trial in my case?