One of the most common questions our clients as us is "should I have taken the breath test?". While this is a complicated answer, in NYC the answer usually is no. Once you have refused the breath test you have removed a powerful piece of evidence from the prosecutor's arsenal. We routinely see the clients that did not take the taste fair much better in court. One main concern is that if you do refuse to take the breath test, the NY DMV will try and remove your license for a year. You are entitled to a hearing on the issue and it is totally separate from the DWI case in court.Under New York State DWI/DUI Laws a driver has the right to refuse a breathalyzer test. Most NYC DWI lawyers would tell a client not to blow in the breathalyzer machines. If you do not, pursuant to VTL 1194, you have the right to have a hearing at the DMV within 10 days of the refusal. These “refusal hearings” are conducted in lower Manhattan at a DMV officer in front of a DMV judge. One important thing to remember is that the refusal hearing and the court case are totally separate entities. One has almost nothing to do with the other. The first date of the hearing the police officer will probably not appear. The DMV then must adjourn it for him to appear but the driver will receive his driving privileges back.