Refusing a breathalyzer test in New York comes with serious consequences under the state’s Implied Consent Law (VTL § 1194). If you refuse, your license will be suspended immediately, and you will face a mandatory DMV hearing, where refusal alone can lead to a one-year license revocation (18 months for commercial drivers) and a $500 civil penalty ($550 for commercial drivers). Unlike a first-time DWI conviction, which may allow for a conditional license, a refusal typically does not.

Additionally, prosecutors can use your refusal as evidence of guilt in court, meaning it does not guarantee avoiding a conviction. While some people refuse to prevent the prosecution from obtaining a BAC reading—especially if they believe they are well over the limit—officers can still rely on observations, field sobriety tests, and other evidence to charge you with DWI.

In some cases, taking the test might be the better option. If you believe you are close to or under the 0.08% BAC limit, a breath test result could provide leverage for reduced charges or plea negotiations. Additionally, drivers who cooperate with testing may have more options for conditional or hardship licenses if convicted.