In New York state, it is illegal to drive while under the influence of drugs or alcohol. You may be subject to additional penalties if you refuse to submit to a chemical test, and this is generally true even if you aren’t convicted of a DUI charge.
The potential penalties for a drug DWI
If you’re convicted of a first offense, you can expect to pay a fine of up to $1,000, spend up to a year in jail and lose your license for up to six months. A second DWI offense within 10 years is considered a felony, and you’ll face a minimum of five days in jail, a fine of up to $5,000 and a license revocation of at least one year. In the event that you’re convicted of a third DWI offense within a period of 10 years, you could spend up to a decade in prison. Furthermore, it may be necessary to install an ignition interlock device on your vehicle.
The potential penalties for refusing a chemical test
In the event that you refuse to submit to a blood, urine or saliva test, you’ll lose your driving privileges for at least a year. The same is true if you decline to take a Breathalyzer test. It’s important to note that asking to speak to a DWI attorney prior to giving your consent is seen as a violation of the state’s implied consent law.
An attorney may be able to help you obtain an acquittal, plea deal or another favorable outcome in your case. This may be done by suppressing the results of a blood test, a police report or other evidence that might have been obtained in an improper manner.