Refusal of breath screening device is which offense?

• A. Refusal of breath screening device
• B. DWI (Misdemeanor)
• C. Driving too slowly/impeding traffic
• D. Unsafe backing

Answer: (A)

When a driver is lawfully arrested for DWI, they are presumed to have given implied consent to chemical testing, such as a breath test. Refusing to blow into the breath screening device is itself a separate offense under New York law. It’s not the DWI charge, but a distinct violation that governs the test procedure and the consequences of refusing. That’s why this option is considered the correct one: the act being punished is the refusal to submit to the breath test, not the act of driving with impairment. The other choices describe different driving behaviors or the DWI offense itself, which do not capture the specific refusal rule.