Breath Test Refusal Can't Be Used in DWI Trial

Requesting a Test After Two Hours of Arrest

One of the most damning things New York has is the jury instruction on breath test refusals. It allows the judge to tell the jury they can INFER a consciousness of the defendant's guilt (of DWI) if they refused to take a chemical test of blood or breath. Coming from a judge as an instruction on the law is a horrible hurdle on refusal DWIs. In the recent DWI case, the police waited till after two hours to request a test.


That doesn't make a chemical test of blood or breath inadmissible at trial BUT the refusal ...

Ithaca DWI Lawyer: Can You Get a Conditional Driver's License After a Refusal?

This Puppy is ready to get a
 Conditional License 

This topic of New York DWI chemical test refusals and conditional licenses has been pounded online, and in so many forums. Even with all the writing and blogging people are left wondering, what's the answer? You refused a test, so that part is over BUT can you get a conditional license for work, school, and medical purposes in New York State?