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.

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