VTL 1194 · Article 1194
Refusal to Submit to a Chemical Test (VTL 1194)
A qualifying chemical-test refusal can cause a temporary suspension pending a separate DMV hearing. If DMV sustains a first refusal, revocation is generally at least one year with a $500 civil penalty, even without a DWI conviction. Prior history and commercial-license rules can increase consequences. Refusal consequences are not the same as conviction-based license penalties.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492What the prosecutor must prove
- You were lawfully arrested for a DWI offense.
- You were told the consequences of refusing.
- You refused the test.
Defenses that commonly apply
- The officer did not advise you of the consequences of refusal.
- The arrest itself was not lawful.
- You were physically unable to complete the test.
Penalties and collateral consequences
A DMV administrative hearing carries a maximum sentence of no jail for refusal itself; sustained first refusal: at least one-year license revocation and a fine of up to $500 civil penalty for a first refusal; repeat-refusal penalties differ.
The refusal hearing is separate from the criminal case. Review the court and DMV notices and applicable scheduling rules promptly; there is no universal 15-day deadline to request every refusal hearing. A favorable DMV decision does not end the criminal case or automatically lift other license restrictions. Sources: VTL 1194 and New York DMV alcohol/drug penalties guidance.
Every case turns on its own facts. The information on this page is general, not legal advice.
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