Can You Refuse a Breathalyzer Test During a DUI or DWI Arrest in New York? - Rachel Kugel

From The Kugel Law Firm - Can You Refuse a Breathalyzer Test During a DUI or DWI Arrest in New York? explains what happens when a driver in Manhattan or anywhere in New York refuses a chemical test under New York Vehicle and Traffic Law (VTL) § 1194. Updated Feb 2026, this guide breaks down the immediate license suspension at arraignment, the role of the Department of Motor Vehicles (DMV), and the civil penalties that apply even if you are never convicted of Driving While Intoxicated (DWI). The article walks through implied consent, the two-hour rule, and how refusal can trigger separate administrative consequences apart from a criminal case under VTL § 1192.

The Kugel Law Firm highlights how New York’s implied consent law automatically applies to anyone driving on public roads, including out-of-state drivers, and details the difference between a roadside Preliminary Breath Test (PBT) under VTL § 1194(1)(b) and a post-arrest evidentiary chemical test. The guide explains first and repeat refusal penalties, including the $500 or $750 civil penalty, license revocation periods of at least one year or 18 months, and the Driver Responsibility Assessment (DRA) of $750. It also addresses consequences for commercial driver (CDL) holders and the risk of permanent revocation after multiple alcohol- or drug-related convictions within 10 years.

Listeners will gain insight into how the DMV refusal hearing works before an Administrative Law Judge (ALJ), including the four statutory issues under VTL § 1194(2)(c): reasonable grounds, lawful arrest, adequate refusal warnings, and whether an actual refusal occurred. The podcast also explores how refusal evidence may be used in a criminal trial under VTL § 1194(2)(f), when it can be challenged, and how procedural protections—such as the 15-day hearing rule—can affect license reinstatement. The distinction between criminal court proceedings at Manhattan Criminal Court and separate DMV administrative actions is clearly explained.

Featuring Rachel Kugel, Esq., a DWI defense attorney at The Kugel Law Firm, this episode underscores a science-driven approach to defending clients accused of driving under the influence of alcohol or drugs. An active member of the National College of DWI Defense and the DUI Defense Lawyers Association, and a speaker at AVVO Lawyernomics, the NJ Bar Association, and Garden State CLE, Rachel Kugel represents drivers throughout New York City. With an office at 111 East 125th Street in Harlem near the Harlem DMV office and regular appearances at 100 Centre Street, The Kugel Law Firm provides focused DWI defense for those facing breathalyzer refusal hearings and DWI charges across Manhattan and surrounding communities.

The Kugel Law Firm

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