Exceeding our
Clients' expectations
for over 40 years

Request a free consultation

Free Consultation 24/7
Nights & Weekends

Refusing a Blood Alcohol Test in New York

Aggressive DWI Defense Lawyers Fight Chemical Test Refusal Charges in Buffalo, NY

When you are stopped on suspicion of Driving While Intoxicated (DWI) in New York, it’s possible that the police officer will arrest you and then ask you to submit to a chemical test. This may include a blood test, a breath test or a urine test. If and when this happens, it is important for you to understand that you are legally required to submit to the chemical test. That’s because NY has an implied consent law requiring you to take a blood test. Failure to submit to a blood test will result in charges for Blood Test Refusal, in addition to charges for drunk driving. You will then face significant penalties that could include heavy fines, mandatory suspension or revocation of your driver’s license and jail time.

If you or a loved one has been arrested for drunk driving or chemical test refusal in NY, your best chance of beating the charges and avoiding the most severe penalties is to have a qualified traffic and DWI defense lawyer on your side. The experienced criminal and DWI defense attorneys at the LaDuca Law Firm have successfully defended numerous clients against DWI/DUI charges throughout New York, including Rochester, Buffalo, Webster and Perinton. We are prepared to help you challenge your DWI arrest and beat your drunk driving charges. Contact us today to discuss your case or schedule a free consultation at our office in Rochester, New York.


Mandatory Blood Testing under NY’s Implied Consent Law

When you are pulled over by a NY patrol cop who has probable cause to believe that you are intoxicated, you could soon find yourself under arrest and in police custody. The next step in the process will likely involve a request that you submit to a chemical test. Depending on the circumstances, the police officer could ask you to submit to a blood test, a breath test or a urine test. The results of the chemical test will potentially be used by NY prosecutors to seek a conviction for Driving While Intoxicated (DWI), Driving Under the Influence (DUI), Driving While Ability Impaired (DWAI) or some other drunk driving offense.

Additionally, keep in mind that you can be charged with Blood Test Refusal even if you do not explicitly decline to take the chemical test. So do not make the mistake of thinking that you can avoid a charge for Refusal simply by remaining silent.

Regardless of the circumstances, one major requirement of the NY implied consent law is that the blood test must be administered within two hours of the time you were last seen operating the motor vehicle.


What Are the Penalties for Blood Test Refusal in NY?

The penalties for refusing a blood test, a breath test or a urine test in New York include heavy fines and suspension of your driver’s license. A first offense will result in the loss of your license for at least one year, while a second or subsequent offense within a period of five years will result in the loss of your license for at least 18 months. Additionally, a first offense for Blood Test Refusal in NY comes with a $500 fine; a second offense carries a fine of $750.

Moreover, even if you do not submit to a blood test, or any other chemical test, you can still be convicted of Driving While Intoxicated (DWI). Worse yet, the penalties for the DWI charge and the Refusal charge will be imposed consecutively, which means one sentence will run first and then the other sentence will run after that. The end result could be that you end up losing your driver’s license for a very long time.


Contesting a Charge of Blood Test Refusal in Upstate New York

Although it is difficult to contest a Blood Test Refusal charge, it may be possible for a qualified DUI defense attorney to fight your charges and help you steer clear of the most severe penalties. So do not assume that you have to plead guilty. For example, the police officer who pulled you over may not have clearly advised you of your legal rights and obligations prior to your refusal to submit to the blood test. A knowledgeable DWI lawyer can examine the details of your arrest and determine your best strategy for fighting the charges.

Additionally, even if you did submit to a blood test and the test showed that your Blood Alcohol Content (BAC) was above .08 percent, the legal limit in New York, an experienced lawyer may be able to contest the chemical test results and get the evidence against you thrown out. That’s because NY prosecutors are held to a very high standard in DWI cases and the blood test results, as well as the testing process, in your case must meet stringent requirements. Before you plead guilty to a drunk driving charge in New York, talk to a qualified DWI defense attorney.


Contact Experienced DUI and Chemical Test Refusal Attorneys with an Office in Rochester, NY

If you were arrested on suspicion of a DWI and were later charged with Blood Test Refusal, the experienced DUI defense lawyers at the LaDuca Law Firm can help you fight back. We know how to contest the evidence in DWI cases and beat drunk driving charges in New York. Contact us today to schedule a free consultation at our office in Rochester, NY.

Our Practice Areas


  • Personal Injury
  • Birth Injuries
  • Car Accidents
  • Construction Accidents
  • Medical Malpractice
  • Motorcycle Accidents
  • Truck Accidents
  • Wrongful Death


  • Criminal Defense
  • Juvenile Crimes
  • Assault Charges
  • Gun Crimes
  • Drug Crimes
  • Sex Crimes
  • Theft Offenses

DWI & Traffic

  • Multiple DWI Offenses
  • Underage DWU/DUI
  • Refusing a Breath Test
  • Refusing a Blood Test
  • Traffic Violations
  • Speeding Tickets
  • Reckless Driving


  • Labor Relations
  • Discrimination
  • Whistleblower Laws
  • Wrongful Termination
  • Sexual Harassment
  • Hostile Work Environment
  • Contract Disputes
  • Wage & Hour Violations
  • Employee Benefits


  • Real Estate Transactions
  • Buying a Home
  • Selling a Home
  • Probate & Estate Administrations
  • Wills & Trusts
  • Business & Corporate Law
  • Insurnace Claims & Coverage Denials
  • Federal Civil RIghts Violations

Request a free consultation

  • Office Location

    LaDuca Law Firm
    125 State Street
    Rochester, NY 14614

    Phone: 585.454.1000

    Fax: 585.327.5050

    Map and Directions
  • Emergency Contact

    After normal business hours, do not hesitate to contact us regarding your criminal charges. We are available to help 24/7.

    David Pilato: 585.420.8560

  • Areas We Serve