In the state of New York, being permitted to drive is considered to be a privilege rather than your automatic right. When you are given a New York State driver's license, you therefore agree to abide by the rules that the state associates with that license. One of these rules is a law requiring that, if you are pulled over by a law enforcement official who suspects you of driving under the influence of alcohol, you have to submit to a breathalyzer test. In fact, at Stephen Bilkis & Associates, it is very common for a Brooklyn DWI Lawyer on our staff to be asked: What might happen if I don't agree to take the breathalyzer when the police ask? In a free consultation, we can give you answers to this question and help build your defense against a DWI charge you may face from the Brooklyn Office of the District Attorney.

A Brooklyn DWI Lawyer can explain that, if you are caught driving in Brooklyn—or in the other boroughs of New York City, including Queens, Manhattan, Staten Island, or the Bronx—;under the influence of alcohol, you can face a variety of penalties. Those penalties can include losing your license for 12 months or longer and paying a penalty when you reapply for a license. You should also understand that, under New York State law, anyone who operates a type of motor vehicle with a blood alcohol concentration of .08 or higher has committed the criminal act of DWI (Driving While Intoxicated).

A Brooklyn DWI Lawyer will tell you that refusing to subject yourself to the breathalyzer is not considered to be criminal behavior, nor is it something that might be seen as admitting that you are guilty. Nonetheless, you should not think that your refusal comes without risk. Be aware that refusing to take a breathalyzer may result in the revoking of your license for 12 months or longer. The judge may suspend your driver's license at your arraignment as a result of your refusing to take the breathalyzer. If so, you will likely have a DMV hearing—an administrative process which you might be entitled to the first time you refuse a breathalyzer. In this proceeding, the New York City police will testify about your breathalyzer test refusal. They must prove they asked you to take a breathalyzer test, and also that you did not agree to do so. However, the police don't need to prove you were driving while intoxicated; that issue goes to the Criminal Court.

A Brooklyn Criminal Lawyer from the team at Stephen Bilkis & Associates can assist you with proceedings in the Brooklyn Criminal Court and with the DMV. Both have their own separate rules, regulations, and power to revoke or restrict your New York Driver's License. Furthermore, the Brooklyn Criminal Court holds the power to mandate fines, prison time, or probation. We will explain to you the consequences to your right to drive in the New York state that you might face if convicted of DWI. Especially because the penalties increase with multiple offenses, and can include incarceration, it is crucial that you have a skillful Brooklyn DWI Lawyer on your side to help you retain your license and your freedom.

Consult with a Brooklyn DWI Lawyer at Stephen Bilkis & Associates—one who will fight on your side during your DWI case in Brooklyn Criminal Court and also before the DMV. Talk to us about your case today for free: Call 1800 NY NY LAW to set up a meeting at any of our locations: in Brooklyn as well as the other boroughs of New York City—Manhattan, Queens, the Bronx, and in Staten Island. We are also available to meet you in Westchester County at our location there, in our Suffolk County office, or at our other Long Island location, found in Nassau County.