At O’Brien & Eggleston PLLC, our Albany DWI defense attorneys have handled thousands of DWI-related cases and hundreds of hearings at the New York State Department of Motor Vehicles (DMV), local courts, and felony courts.

Understanding New York’s DWI laws is crucial. Implied consent, a key aspect of these laws, states that no person who operates a motor vehicle in this state may refuse to submit to a chemical test of one or more of the following: breath, blood, urine, or saliva, to determine the alcoholic and/or drug content of the blood when a court order for such a test has been issued.


However, our Albany County defense lawyers also know that does not stop drivers from refusing tests during traffic stops or roadblocks where they are suspected of driving while intoxicated.

What are the Consequences of Refusing a Breathalyzer in New York?

In New York, any driver suspected of impaired driving is required to submit to alcohol and chemical drug testing or face potential penalties.

The penalties for failure to submit to a breathalyzer or blood test in New York State following a DWI arrest include:

  • First Offense: Suspension of their license for one year.
  • Second and Third Offenses: Their license will be suspended for 18 months if they have had a prior refusal or DWI conviction within the previous five years.

No matter what type of DWI you are charged with in New York, even if this is your first offense, the consequences are steep. They can impact parts of your life you never imagined, changing your life overnight. It is essential to partner with an experienced DWI defense attorney with vast knowledge of the specific court and county in which you were charged.

Contact Our Criminal Defense Attorney Today

If you have been arrested for a DWI in New York, contact our Albany criminal defense attorneys at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to schedule your initial appointment. We have a strong track record of producing real results for our clients.

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