Roadside screening and the station test
Officers often ask for a preliminary breath test at the roadside, using a handheld device, before deciding whether to arrest. New York treats a refusal of that screening differently from a refusal of the chemical test that usually follows an arrest and is given on a calibrated instrument. The post-arrest test is governed by implied consent rules, and refusing it generally leads to a license suspension at arraignment and a DMV refusal hearing. Field sobriety exercises are a separate matter again and are generally voluntary. Many people are not sure which of these they declined, and the paperwork usually tells the story.
Warnings and how the refusal was recorded
For a refusal of the post-arrest test to carry its full consequences in New York, the driver generally must have been warned clearly about what refusing means, and the refusal must have been persistent rather than a moment of confusion. The officer usually completes a refusal report, and many stations record the request on video. Language barriers, medical problems that make blowing difficult, and requests to speak with a lawyer first can all complicate the record. Bring every document you received, and tell your lawyer whether you understood the instructions and in what language they were given.
Planning the hearing and the court case
The DMV refusal hearing comes up quickly, and the temporary suspension may stay in place until it is held, so the timing of any adjournment needs thought. At the hearing the questions are narrow, and the result is separate from the criminal case. In court, prosecutors may try to use the refusal as evidence, and its admissibility can be challenged. In a first consultation we review the video if it exists, the refusal report, and the arrest itself, and we explain how the license and the charge may move on different timelines. If you had a medical reason for not completing a test, bring any records that document it.
