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Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

You may not always want to submit to a breath test

For drivers in New York, being stopped on suspicion of drunk driving is a worrying prospect. If you are found to be over the limit, you could face severe legal repercussions. However, if you refuse to submit to breath tests or other tests designed to determine your sobriety and blood alcohol concentration, you could risk the suspension of your license.

There are many defenses you can use in a DUI investigation, so if you feel that you are not at fault, it may work in your favor to go ahead with the tests and be prepared to challenge the results if they appear incriminating. However what happens if you know you are over the limit? The penalties for drunk driving can include license revocation, community service, fines of at least $1,250 and even time in jail.

If you suspect that potential penalties you could face may be at the higher end of the scale, it could work in your favor to refuse the tests. As this article on DUI penalties explains, multiple offenses within a set period of time can result in harsher penalties. As such, if you have previous DUI convictions, you may find that it is more beneficial to refuse a test than risk a further conviction.

Of course, every case is different and an attorney will be able to advise you about the likely consequences of your choice. He or she may also be able to support you if you face drunk driving charges or if you are working to have your license reinstated.

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