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What Happens If You Refuse A Breathalyzer Test in New York?

When you get pulled over for drunk driving, you can expect the officer to conduct a Field Sobriety Test to test your coordination and cognition. A Standard Field Sobriety Test consists of 3 components:

  • · The Horizontal Gaze Nystagmus (HGN), during which the officer positions a pen light (or similar) about 15 inches from your nose and slowly moves it across your field of vision.

  • · The Walk-and-Turn, where you’ll be asked to take 9 heel-to-toe steps forward in a straight line and then 9 steps (in the opposition direction) back to where you were originally standing.

  • · The one-legged stand, where you’ll be asked to stand on one leg (usually about 6 inches off the ground) and count, from 1,001, until the officer permits you to put your foot down.

In addition to a Field Sobriety Test, you can be asked to take a breathalyzer test, which will be used to measure your Blood Alcohol Content (BAC), or another chemical test (blood, urine, and/or saliva). You do have the right to refuse to blow, but should you?

When Should I Renew My Green Card?

The best time to fill out the application to renew your green card is five (5) to six (6) months before the date it is set to expire.

Can I Be Deported if My Green Card Expires?

You’ll have to renew your green card when it expires but your status as a lawful permanent resident won’t change. This means you will not be deported over an expired green card.


An expired green card can result in other problems, making it hard to:

  • Get a job
  • Obtain a professional license
  • Reenter the U.S. after traveling out of the country
  • Buy a house
  • Renew your driver’s license

How Long Will It Take to Renew My Green Card?

Generally, you can expect the process of renewing your green card to take anywhere from 90 days to 12 months (possibly even longer) after you have provided a completed green card renewal application to the United States Citizenship and Immigration Services (USCIS

The length of the green card renewal process is affected by your location, how fast the USCIS processes your request, and the current workload of the USCIS office. You can learn more about the processing times for Form I-90 on the USCIS website here.  The USCIS provides updated information monthly.

Immigration laws and procedures in the United States are constantly changing so immigration applications are, more often than not, complicated and complex. This makes it absolutely important that you contact an immigration lawyer as soon as possible.


Our experienced immigration lawyers have decades of experience protecting the legal rights and representing residents of Long Island, West Babylon, Nassau County, and Suffolk County. Schedule your free consultation by submitting a form here or by calling our office at (631)643-3084 and we will be happy to help you.


We have bilingual staff available. Hablamos Español.

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