This week’s #fridayfacts discusses the penalties for refusing a chemical test after a DWI arrest.
Under VTL §1194, drivers arrested on suspicion of DWI may be asked to take a chemical test—typically a calibrated breathalyzer at the police station.
Refusing the test can result in an automatic one-year license revocation, independent of any criminal penalties.
A separate DMV refusal hearing determines whether the license is revoked. The Administrative Law Judge must find:
- The officer had reasonable grounds for DWI suspicion.
- The arrest was lawful.
- The defendant was clearly warned of the consequences of refusal.
- The defendant refused the test.
If all are proven, revocation follows—even if the defendant is later acquitted of DWI in criminal court.