What protocol should be followed if a defendant refuses a breath test?

When a defendant refuses to take a breath test following a DWI arrest, initiating an arrest paperwork process is the appropriate protocol to follow. This action is crucial because under New York law, refusal to submit to a breath test can lead to specific legal consequences, including penalties and automatic license suspension. The arrest paperwork must accurately reflect the refusal and detail the circumstances surrounding the arrest and the refusal itself. This documentation is essential for legal proceedings that may follow, including administrative hearings regarding the defendant's driver's license status and potential DWI charges.

Other responses might involve relevant actions, such as informing the defendant of the penalties associated with refusal. However, those steps do not fulfill the immediate legal requirements of processing the refusal officially. Similarly, reviewing previous records or calling for a supervisor, while they may be part of the protocol in some situations, do not directly address the necessity of documenting the defendant's refusal in the arrest paperwork.