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DWI / DUI

Refusal of Breathalyzer

The refusal itself took a few seconds, but its effects tend to show up later, in places people did not expect: a home state's licensing agency, an employer's driving policy, or an insurance renewal.

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01 GUIDE

Refusal of Breathalyzer: what usually happens

If your license is from another state

When a driver licensed elsewhere refuses the chemical test after an arrest in New York, the state generally acts on the privilege to drive here rather than on the license itself. States share information about license actions, and a home state may then take its own action under its rules. That means a refusal in New York can lead to a separate process in the state that issued the license, and the two do not always line up. Out-of-state drivers also have to deal with appearing at the DMV refusal hearing, which is scheduled by New York and does not move to suit your home state. Ask about appearing remotely or through counsel rather than assuming you can let it go.

Commercial drivers and work driving

A refusal by a commercial driver's license holder leads to disqualification under federal rules, even when the refusal happened in a personal car. Many employers also have their own policies for any driver who uses a company vehicle, and those policies can apply before any court decision. Rideshare and delivery platforms run their own background checks and may act on a refusal record. If driving is part of your job, tell your lawyer exactly what your employer requires you to report and when. Missing a reporting duty can create a separate problem from the refusal itself.

Insurance and the longer view

A refusal finding can appear on your driving record and may be seen by insurers at renewal. It also tends to be considered if there is a later impaired-driving case, because a prior refusal can make later consequences harsher. Keep the refusal report, the hearing notice, and any temporary documents you received. In a first consultation we review whether the request and the refusal were documented properly, what hearing dates are already set, and how the refusal fits with any criminal charge. We then talk through the practical effect on your license, your work, and your household.

02 ATTORNEYS

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03 CASE RESULTS

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Attorney Advertising. This page is general information about refusal of breathalyzer and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.