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New York Breathalyzer Laws and Refusal Costs

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Driving in New York comes with important legal responsibilities—especially when it comes to alcohol-related traffic stops. One of the most misunderstood issues drivers face is whether they should submit to a Breathalyzer test and what happens if they refuse. While many people believe refusing a test helps them avoid a DWI conviction, the reality under New York law is far more complex. This guide explains how Breathalyzer laws work in New York, what “implied consent” really means, the penalties for refusal, and what legal options may exist after a conviction. If you or someone you love is facing DWI charges, understanding these laws can help you make informed decisions. Understanding New York’s Implied Consent Law Definition: Implied consent means that by driving on New York roads, you automatically agree to submit to chemical testing (breath, blood, urine, or saliva) if lawfully arrested for Driving While Intoxicated (DWI). Under New York Vehicle and Traffic Law §1194, every licensed...