Can I refuse a Chemical or Breath Test when pulled over for DWI in New York?

There is no constitutional right to refuse a breath or chemical test to determine the level of alcohol in your body. You are deemed to impliedly consent to the test just by the act of driving in New York State. If you've been stopped and arrested for drunk driving, you will be faced with the decision of whether to take such a test. ASK TO CALL YOUR LAWYER.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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