Queens County Bar Association
Martindale Hubbell - Distinguished 2023

Should I Refuse or Should I Take the Breathalyzer Test?

Usually, it is far better to take the Breathalyzer test than to refuse it, because if you don’t take the test, your driver’s license will automatically be revoked. If you refuse to take the test, you won’t be able to negotiate anything with the District Attorney, including a lesser charge in which your license does not have to be revoked. If you know that you are going to have an extremely high reading or you have prior DWI convictions, then you may be better off not taking the Breathalyzer test.

Can I Rescind My Refusal To Submit To a Breath Test?

If you refuse to take a breath test and a couple of minutes later, you rescind that refusal on video, you will almost certainly be given the right to take that test. If you rescind half an hour later, it will likely be too late. It is up to the officer’s discretion.

The Officer Took My Driver’s License. Can I Still Drive?

The officer taking your physical license has no effect on you until you get to court. If you have blown a reading above the limit of 0.08, the judge will automatically suspend your driver’s license pending disposition of your case unless a hardship license is granted within 3 days of arraignment.

If I Miss My Filing Date For An Administrative Hearing For My License, Is There Anything I Can Do?

If you just forgot or didn’t bother to show up to your administrative hearing, it’s very unlikely that it will be rescheduled. If you missed it due to a verifiable emergency, they might reconsider rescheduling the hearing.

After My Driver’s Suspension Will My License Be Reinstated Automatically?

You driver’s license will not be reinstated automatically and many people get in trouble because they assume that once the period of revocation or suspension has passed, their license is reinstated. If your license has been revoked, in order to get it back, you will have to reapply and pay some rather substantial fees.

For more information on Refusing Or Taking A Breathalyzer Test, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 793-5700 today.

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