What Are The Penalties For Refusing A DWI Chemical Testing?

Driving while intoxicated or DWI carries with it personal and professional consequences. It is worth noting that when driving a motor vehicle, you are subject to the “implied consent” rule. This means that having a driver’s license, you have agreed to undergo a chemical test. If you get arrested for drunk driving, you are bound by law to allow the police officer to administer a chemical test to determine your blood alcohol content.

White Plains DWI defense attorney at the Law Offices of Richard A Portale, P.C. will tell you that refusal to undergo chemical testing can have serious consequences. First of all, your refusal to undergo chemical test is a violation of the implied consent law of that state. One of the penalties for refusing to take the chemical test is revocation of your license. The suspension is independent from the criminal element of DWI.

The good news is that your license will not be revoked immediately after your refusal. You are given 15 days to request for an administrative hearing concerning the suspension. Your refusal to request for a hearing initiates the automatic suspension 40 days after your refusal. The State Office of Administrative Hearings handles the hearing and the request can be made online.

Refusal to undergo chemical test does not necessarily subject you to immediate jail term. One option to consider is the Secure Remote Alcohol Monitoring Device or SCRAM. This device measures the amount of alcohol in your sweat. The prosecutor will be notified when you consume alcohol. To escape imprisonment, you may be required to wear this device to verify that you are not consuming a measurable amount of alcohol.

But while there is a way to escape jail term, the bad news is that the court can use your refusal to undergo a chemical test against you in court. The judge can make an argument that your refusal to take the test is an admission of guilt. They may think that your action only means that you have something to hide.