Refused a Chemical Test After a DWI Arrest? Here’s What It Means.

A refusal to take a breath, blood, or urine test after a DWI arrest under NYS Vehicle and Traffic Law §1194 is a serious matter—and it carries automatic DMV consequences. If you refuse, even by silence or by conduct, your license faces an immediate suspension and a likely one-year revocation—unless you win at a DMV refusal hearing.

This is not a criminal charge but an administrative penalty, and the process can be confusing and intimidating. The hearing rules favor the police, and without experienced representation, the odds are stacked against you.

At McCabe, Coleman, Ventosa & Patterson, we’ve successfully defended hundreds of clients at DMV refusal hearings across Dutchess, Ulster, Orange, Columbia, Greene, and Putnam counties. As former public defenders, our attorneys know how to challenge police testimony, cross-examine officers, and fight to protect your license.

If you’ve been accused of refusing a chemical test, you don’t have to face the DMV alone. With the right legal team, you can fight back and move forward with confidence.

Standard DWI vs. Chemical Test Refusal Penalties in New York

Penalty Standard DWI (First Offense) Chemical Test Refusal (First Offense)
Fines $500 – $1,000 Civil penalty of $500
NYS Mandatory Surcharge $400 N/A (administrative penalty)
DMV Assessment Fee $750 $750
License Revocation 6 months 1 year (18 months if CDL)
Impaired Driver Program Mandatory 7-week program Not eligible unless later convicted of DWI
Victim Impact Panel Required Not required unless later convicted of DWI
Ignition Interlock Device 6–12 months Only if later convicted of DWI

Additional Potential Consequences

For Both Charges, You May Also Face:

  • Up to 3 years of probation
  • Up to 1 year in county jail (rare for first-time offenders)

A refusal carries unique DMV consequences separate from any criminal case. Even if your criminal charges are reduced or dismissed, the refusal penalties remain unless you successfully contest them at a DMV hearing.

Common Questions About Chemical Test Refusals

No. A refusal is not a criminal charge—it’s an administrative penalty handled by the DMV. However, if you are also charged with DWI, that case is separate and could carry potential jail time depending on the facts.

Yes, unless you win your DMV refusal hearing. A first refusal results in a mandatory one-year license revocation (18 months for CDL drivers), even if your criminal charges are dismissed.

Your refusal is recorded with the DMV, and your license status will show the revocation. If you’re also charged criminally, that case is a matter of public record.

The DMV refusal hearing is usually scheduled within weeks of your arrest. The hearing itself may last less than an hour, but the outcome determines whether you keep your license. If you also face criminal DWI charges, that case will run on a separate court timeline.

Hire an attorney who knows how to fight refusal hearings. These hearings are tough to win without experience—police testimony often goes unchallenged unless your lawyer knows how to cross-examine and present evidence in your favor. The sooner you act, the better your chance of protecting your license.

Why Choose Us for Your Refusal Defense?

Hundreds of Refusal Hearings Defended

We’ve successfully represented clients in DMV refusal hearings across Dutchess, Ulster, Orange, Columbia, Greene, and Putnam counties.

Former Public Defenders

All of our attorneys are former public defenders with extensive courtroom and cross-examination experience.

Local Knowledge

We know the local DMV hearing officers, police practices, and procedures throughout the Hudson Valley.

Proven Results

We’ve protected licenses by challenging refusal warnings, officer testimony, and alleged “refusal by conduct.”

Discreet Representation

We’ve represented professionals, parents, students, and first-time offenders with the utmost discretion and compassion.

Reviews for Refused a Breath or Blood Test

Melinda Sefcik

from Google Reviews

I recently had the pleasure of working with McCabe, Coleman, Ventosa & Patterson PLLC. I am profoundly grateful that our paths crossed. They provided excellent support and guidance during an emotional time for me and my family. John and the firm’s commitment to excellence and relentless pursuit of justice made such a meaningful impact on my case. I truly appreciated the advocacy, dedication, and professionalism shown throughout the entire process. The administrative staff was equally impressive, handling everything efficiently and with a warm, respectful demeanor. From start to finish, the entire team made me feel valued. If you’re looking for a firm that combines professionalism with outstanding results, this is the one to choose!

Michael Coffey

from Google Reviews

Steven Patterson Esq. went above and beyond for me, treating me like a client/friend every step of the way through my FREE consultation. He provided me with essential legal advice and expecting nothing in return—I can only imagine how dedicated/enthusiastic he would be if I was a paying client. He is a brilliant attorney and I know I would have been in good hands if I needed legal representation. McCabe, Coleman, Ventosa & Patterson PLLC has a proven track record of success and I highly recommend their firm to anyone in need of legal services!!! 🌟🌟🌟🌟🌟

Exceptional service and expertise throughout every interaction! Highly recommend John and his team.

From start to finish, John and his team were an absolute pleasure to work with. John took the time to thoroughly get to know my wife and I and our needs. He was extremely prompt in answering all of our questions, and even answered questions we didn’t know we had. We never had to ask for follow up, because John always beat us to it. His knowledge of business law helped us to skillfully navigate a difficult situation. We are happy to say we will be using John and his team as both our family and business attorney for all of our future needs.

I have worked with both John Ventosa and Chris Coleman on both simple and complex legal matters. John, Chris and the entire staff have been thorough and professional every step of the way. I recommend this firm to anyone seeking sound and honest legal representation.

John ventosa was very patient and helpful for what I needed. Will definitely use their services again.

I don’t know where to start. Mr.Ventosa is a person who saved my life as a young adult and gave me a second chance in life. Watching him for 2 years take on my case and fight for me like he was my own family showed me his passion and character as a man. Case after case he showed up and was consistent with the 2 cases I caught as a young adult and he told me to not give up things will be better in the end. His words were so encouraging I became accountable as a man to do better and understand the choices I made were immature. He is the reason why I am back focused on the journey I began with during college and his tough characteristics gave me a sign to be mature in a time where I am entering my adulthood. Words can’t express how I feel about him and if you do come across a situation and you need a second chance in life please contact him I promise you he WILL
NOT LET YOU DOWN. THANK YOU MR.VENTOSA YOU ARE TRULY APPRECIATED FOR YOUR HARD WORK AND CONSISTENCY !!

Christopher Coleman is an honorable figure and exceptional attorney. In a world filled with greedy and unethical people, and just down right bad actors – Mr. Coleman is a light at the end of a tunnel and a fighter. He will tell you upfront what to expect and how he sees your situation turning out. He won’t waste your time or your money, or have you going down a rabbit hole, like other attorneys build their practices around. He’s the attorney you want defending you and negotiating for you. But he’s also the same attorney that you should use in bettering yourself and avoiding future problems in business and life. If you need an attorney, you can breathe a little better at night knowing you’re in good hands.

John Ventosa Is such an incredible lawyer. He is the most compassionate, kind and understanding Lawyer I have met. He is the best at what he does and takes such good care of his clients. John and his whole team is very helpful in walking your through every process and takes the time to answer all of your questions and concerns. If you are in the need of a fantastic lawyer look no further than John Ventosa.

John Ventosa is absolutely amazing to work with. He helped my husband and I through a very difficult time on a Saturday of all days!! He was patient, detailed, transparent and communicated updates every step of the way. We truly appreciate him and highly recommend him!!!

Let's Put This Behind You

A chemical test refusal can feel overwhelming—but it doesn’t have to define your future. At McCabe, Coleman, Ventosa & Patterson, we know how high the stakes are, and we know how to fight for your license and your rights.

Experienced Representation

With over 200 years of combined experience, our attorneys ensure you have strong, informed advocates on your side.

Personalized Guidance

We take the time to understand your unique situation, offering clear advice and dedicated support throughout the process.

Local & Accessible

With deep roots in the community, we are committed to providing trusted legal representation right where you live and work.
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