Under New York's implied-consent law, driving on the State's roads is treated as consent to a chemical test when you are lawfully arrested for DWI. You can still physically refuse the test at the precinct, but refusal carries consequences of its own, entirely separate from the criminal DWI case, and it triggers a hearing at the DMV.
What refusal actually costs
A refusal brings an automatic license revocation of at least one year (18 months for a commercial driver), a $500 civil penalty ($750 for a repeat refusal), and the $250-per-year Driver Responsibility Assessment for three years. These apply whether or not you are ever convicted of the DWI, even if the criminal charge is dismissed. A refusal can also be commented on by the prosecution at trial. Whether refusing ultimately helped or hurt depends entirely on the facts of your case.
The DMV refusal hearing, four things the officer must prove
A refusal triggers a separate administrative hearing before a DMV administrative law judge, generally scheduled within about 15 days of arraignment. At that hearing, the officer must establish all four of the following:
- The officer had reasonable grounds to believe you were driving while intoxicated or impaired.
- The arrest was lawful.
- You were given a clear warning of the consequences of refusing.
- You in fact refused the test.
If the officer cannot prove every element, or does not appear at the hearing, your driving privileges can be restored. Jonathan has handled hundreds of these hearings, and they are a genuine opportunity, not a formality: the officer's testimony and paperwork can be cross-examined and challenged.
Do not assume refusing was a mistake, or that it was safe
People agonize over whether they should have refused. The honest answer is that it depends on the specific facts, and it is exactly what an experienced attorney sorts out with you. What matters now is protecting your license at the hearing and defending the criminal case in parallel. See the broader picture on the stop and the breath test.
Figures reflect current New York law (VTL §§1192, 1193, 1809; NY DMV) as of 2026 and are general information, not legal advice. Your exact exposure depends on the facts of your case.