A drunk driving charge carries serious consequences. The potential penalties are greatly increased if you refuse a Breathalyzer test after being arrested for suspicion of DWI/DUI. When your future is at stake, retaining experienced legal representation is essential.
I am Brooklyn Breathalyzer refusal defense lawyer Wilson LaFaurie and I have defended more than 1,000 people throughout the city of New York and Long Island in criminal proceedings. As a former prosecutor, I have experience working both sides of a case and I will use that knowledge to help get the best possible results in your case.
Consequences for Refusing a Breathalyzer Test
Under New York's implied consent law, just the act of driving on the roads means that you have already consented to taking a Breathalyzer test. As such, the consequences of refusing a breath test following a DUI/DWI/drunk driving arrest are swift and severe. You will face the prospect of losing your driver's license for one year as well as pay hundreds of dollars in fines. These penalties are increased if you have already been convicted of a DWI.
Defending Your Rights in DWI Refusal Hearings
If you refuse a Breathalyzer test, you can fight your driver's license suspension at a DWI refusal hearing. Although the implied consent law seems clear on its face, there are a number of arguments that I may be able to raise in your favor. For example, the Supreme Court recently held that blood may not be taken for drunk driving purposes without a warrant. It can be argued that this should extend to breath tests as well. In addition, if the police did not have sufficient probable cause to stop or arrest you, I may be able to get the case dismissed.
A DWI refusal hearing is civil in nature. This means that you will still have to face the underlying drunk driving charge in criminal court. I will fight to defend your rights in both cases and I will work hard to limit the potential damage.
Call for a Free Consultation With a New York City DUI Defense Lawyer
Charges of drunk driving and refusing a breath test can have serious consequences. That is why you need a serious defense. Contact me, a Brooklyn Breathalyzer refusal defense attorney, online or call (718) 215-9182 to schedule a free initial consultation to discuss your case. Hablamos Español.