Separate and apart from the criminal proceeding, if you refused to provide a chemical test the New York State Department of Motor Vehicles (DMV) will conduct its own hearing. This assumes, of course, that the police provide the proper instructions.
If you refuse to “blow,” a jury can, but is not required to, conclude that your failure is evidence that the tests would have revealed your intoxication.
License revocation for six months (Common Law) or a one year revocation (Refusal).The following penalties and punishments are possible upon conviction for VTL 1192(3): Further, because the police paperwork sets forth the pre-determined traits of intoxication, police officers will routinely indicate that you were unsteady on your feet, had blood shot and water eyes, smelled from alcohol and displayed other characteristics or indicia of being drunk. Remember, because the law does not mandate a chemical test or BAC reading, the police, prosecutors and judges can examine all surrounding facts and circumstances when determining whether you were drunk. For example, your vehicle operation need not necessarily translate to actually driving, but your operation must be on a “public highway.” Further, an “intoxicated condition” is when you, having consumed alcohol, are incapable of exercising the physical and mental abilities to operate your vehicle as both a reasonable and prudent driver. Seems quite clear, no? Hidden within these elements, however, are additional factors that prosecutors must establish. – and while doing so you were intoxicated. That is, you were operating a motor vehicle – car, motorcycle, commercial truck, etc. The elements a District Attorney must prove beyond a reasonable doubt are fairly simply. These misdemeanors routinely involve a defendant who refused to “blow” into an intoxilyzer or similar device at a NYC police precinct or police station in a Westchester, Rockland, Putnam or other county’s municipality. Experienced DWI lawyers routinely see VTL 1192.3 charged as either a “Common Law” or “Refusal” DWI, both as a standalone offense or along with other vehicular crimes. 08 or higher BAC, VTL 1192(3) has a distinct set of elements even if it is functionally the same offense. Unlike DUI arrests in New York charging VTL 1192(2) where you are accused for drunk driving with a.