If police stop you in Suffolk or Nassau County and start a DWI investigation, one question runs through your mind fast.
“Do I agree to the breath test or refuse?”
There is no one rule that fits every driver. The choice happens in seconds, while you feel scared and confused. The fallout reaches your license, your job, and sometimes your entire life.
This post explains how New York treats breath tests and refusals, what happens in each path, and where a CDL driver faces special danger. It does not tell you which choice to make. The only safe way to get advice is through a private consultation with a DWI lawyer who reviews your record and your facts.
Two different tests in a Long Island DWI stop
During a Suffolk or Nassau stop, officers often talk about two different breath tests.
One is a small handheld device on the side of the road. The other is a larger machine back at the precinct or barracks.
They work in different ways and lead to different consequences.
The roadside portable breath test
Officers from Suffolk County Police, Nassau County Police, or the State Police often use a portable breath tester on the scene. It helps them decide whether to arrest you. The number from this device usually does not go in front of a jury to prove your blood alcohol level.
If you refuse the roadside device, you still face arrest if the officer believes you drove while impaired. In many cases the main fight later will not focus on this small device at all.
The station chemical test
After an arrest, officers ask for a formal “chemical test.” On Long Island, this usually means a breath test at the precinct or a blood draw at a hospital.
New York has an “implied consent” law. By driving here, every licensed driver agrees in advance to take this official test once an officer has reasonable grounds for a DWI arrest and reads the proper warnings.
This is the test that brings the harsh refusal penalties through the DMV. It is separate from the little device on the shoulder of the LIE or the Sagtikos.
What happens if you agree to the test and blow over the limit
If you agree to the chemical test and the number shows 0.08 or higher, the case in court becomes tougher.
Short term, at arraignment in Central Islip or Hempstead, the judge often suspends your license under the “prompt suspension” law. You then ask for a hardship license so you have some ability to drive for work, school, or medical needs while the case is open.
If the case later ends in a DWI or DWAI conviction, a first offender in New York usually faces:
- A new license suspension or revocation period
- Fines and surcharges
- Three years of DMV “driver responsibility assessment” payments
- Ignition interlock on any vehicle you drive after many DWI convictions
The upside of agreeing to the test
In many first offense cases, a driver who agrees to the test and blows over 0.08 still has a path to:
- A hardship license during the case
- A conditional license through the Impaired Driver Program later
For a parent with young kids, or a worker who needs to get to a job site in Suffolk or Brooklyn, that limited driving often matters more than anything else.
The downside of agreeing to the test
The prosecutor receives a concrete number. A breath reading of 0.12 or 0.18 gives the District Attorney a strong piece of trial evidence. That number also shapes plea offers and ignition interlock requirements.
In simple terms, by agreeing to this test, you protect your chance at some form of driving, while you hand the DA a key piece of evidence.
What happens if you refuse the official test
Refusal of the official chemical test starts a separate battle at the DMV.
After the arrest, the officer files a refusal notice. The court in Central Islip or Hempstead then suspends your license at arraignment based on that notice and sends your case to a DMV refusal hearing office, often in Hauppauge or Garden City.
If the administrative law judge at DMV finds a refusal, a first alleged refusal usually brings:
- At least one year of license revocation
- A civil penalty in the hundreds of dollars
- A three-year driver responsibility assessment
- No hardship license based on the refusal suspension
- Use of your refusal at trial as “consciousness of guilt”
You read that right. The jury hears that you refused, and the prosecutor argues you refused because you expected a high number.
For drivers with a prior alcohol case or prior refusal within five years, the revocation often jumps to at least eighteen months with higher penalties.
The DMV revocation for refusal stands on its own. Even if the criminal DWI case in Suffolk First District or Nassau First District resolves well, the DMV suspension from a refusal still sits on your record unless you win the refusal hearing.
The upside of refusal
Refusal keeps a specific alcohol number out of the case. In some fact patterns, that helps.
Example: There is a bad accident with injuries, no video, and weak field tests. Without a chemical test number, the DA faces a harder road at trial.
In some situations, especially with a high prior record, refusal avoids a breath reading that might push a judge toward a harsher sentence.
The downside of refusal
The penalty for refusal often hits harder than the penalty for a first offense DWI with a modest breath test number.
- No hardship license based on refusal
- Separate DMV revocation, even if the criminal case ends well
- Refusal comes in at trial as evidence against you
For many Long Island drivers with no prior record, the refusal path creates more stress. No limited license means no reliable way to reach work in Melville or Riverhead, drop kids at school, or drive to medical appointments.
Special danger for CDL drivers
For CDL holders, everything becomes more severe.
A CDL driver faces disqualification for alcohol related conduct in a personal vehicle and in a commercial vehicle. A first refusal for a CDL holder often leads to at least eighteen months of CDL loss. A second event often means a lifetime ban, with only narrow routes to relief.
If you drive a truck, bus, or other commercial vehicle for a living, a long CDL loss often ends that career. In many CDL cases, one bad night on Sunrise Highway or the LIE puts both the license and the job at risk.
There are situations where a CDL driver refuses because a high test number would bring the same or worse CDL loss. These choices are fact-specific and should go through detailed advice, not a blog.
Other factors that shape the “refuse or blow” decision
Each driver brings a different mix of risk and priorities to the table. Among the key factors:
- Prior DWIs, DWAIs, or refusals in New York or any other state
- Age under 21 and exposure to zero tolerance rules
- Out of state licenses and how other states treat New York suspensions
- Dependence on driving for work, caregiving, or medical needs
- The presence of an accident, injuries, high speed, or reckless driving
- Body camera or dash camera video of your stop and arrest
- Field sobriety tests and any statements you made on scene or at the precinct
For one driver with a clean record who works from home, the main fear might be a criminal record. For a CDL driver with kids to support, the main fear might be loss of the ability to work.
No article stands in for tailored advice
No online post knows your full record, your job, your family, or your health.
If officers stop you in Smithtown, Islip, Huntington, Hempstead, or anywhere else in New York, your best step is simple.
Exercise your right to remain silent. Ask to speak with a lawyer. Then speak with a DWI defense attorney as soon as you safely can.
How Cabrera Law approaches DWI breath test and refusal cases
Cabrera Law represents clients on DWI and refusal cases in Suffolk County, Nassau County, and across New York. Our firm focuses on both sides of these cases:
- The criminal case in Central Islip, Hempstead, or another local court
- The DMV side, including refusal hearings and license consequences
In a breath or refusal case, we review:
- The reason for the traffic stop and the arrest
- Body worn camera and dash cam videos
- The timing and wording of refusal warnings
- Machine maintenance, calibration, and simulator solution records
- Your driving history and any prior alcohol cases
- Your license status, including CDL questions
From there, we work on a strategy that protects your license, your record, and your future as much as the law allows in your situation.
This post gives general information only. It does not give legal advice. Reading this page does not form an attorney-client relationship.
If you face a DWI arrest, a high breath test, or a refusal notice, contact Cabrera Law for a private consultation. We will walk through your facts and your goals and explain your options in plain language.