New York · DWI · Checked October 2026

Refusing a Breath or Blood Test in New York

Refusing a Breath or Blood Test in New York: What Are the Rules?

What happens if you refuse a breath or blood test in New York.

Refusal penalty
License revoked at least 1 year (18 months if a prior refusal or DWI conviction within 5 years) plus a $500 civil penalty ($750 for a repeat within 5 years; $550 for commercial drivers); separate from any DWI penalties
License suspension for refusing
Suspended at arraignment, then revoked at least 1 year after the DMV hearing (at least 18 months with a prior refusal or DWI within 5 years)

Refusal Penalties in New York

license revoked at least 1 year (18 months if a prior refusal or DWI conviction within 5 years) plus a $500 civil penalty ($750 for a repeat within 5 years; $550 for commercial drivers); separate from any DWI penaltiesN.Y. Veh. & Traf. Law § 1194(2)(d)(1), (2)(d)(2)

Official source: refusal penalties (New York)

License Suspension for Refusing in New York

suspended at arraignment, then revoked at least 1 year after the DMV hearing (at least 18 months with a prior refusal or DWI within 5 years)N.Y. Veh. & Traf. Law § 1193(2)(e)(7); § 1194(2)(b)(3), (2)(c), (2)(d)

Official source: license suspension for refusing (New York)

More on DWI Law in New York

See the full overview of DWI laws in New York and read about implied consent laws in every state.

This page summarizes New York law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in New York can advise on your case.

Frequently Asked Questions

What Happens if You Refuse a Breath Test in New York?

license revoked at least 1 year (18 months if a prior refusal or DWI conviction within 5 years) plus a $500 civil penalty ($750 for a repeat within 5 years; $550 for commercial drivers); separate from any DWI penalties

How Long Is the Suspension for Refusing?

suspended at arraignment, then revoked at least 1 year after the DMV hearing (at least 18 months with a prior refusal or DWI within 5 years)

Sources

  1. Implied consent: N.Y. Veh. & Traf. Law § 1194(2)(d)(1), (2)(d)(2)

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