NY Vehicle and Traffic Law 1192.3 - New York Refusal DWI.

When an individual is taken to a law enforcement agency after a suspected DWI, he or she may be asked to submit a breath test with an intoxilyzer. However, an individual has the right at any time to ask a law enforcement officer to contact his or her attorney. If an individual refuses to submit this test, it will result in the automatic revocation of his or her driver's license. It is important to note that a police officer must properly inform an individual of his or her rights and instructions before taking the test. When an individual fails to submit a breath test, his or her license will be suspended pending a refusal hearing at the Department of Motor Vehicles (DMV).

The basis of this offense is the observation of the police official and legal presumptions. Police officers will usually indicate an individual wasn't steady on his or her feet, had blood shot eyes, and showed other characteristics to being intoxicated. Furthermore, the officer must prove an individual was operating a motor vehicle.

Many times, refusal to submit a breath test charges will rely on police video and documentation from the officer. When there is inconsistency in the paperwork or video, which may show an individual was speaking clearly and standing upright, there is a chance the accused can beat the case. Although each case is different, the documentation and video are critical pieces of evidence.

Penalties for VTL 1192.3

Those convicted of VTL 1192.3 could face the following penalties:

• Community service
• A fine between $500 to $1,000
• Up to one year in jail
• License suspension for six months (Common Law)
• One year revocation (Refusal)
• Impaired Driver Program (IDP)
• Vehicle interlock device