Do You Have to Submit to a Chemical Breath Test if Suspected of Drunk Driving in NY?
As a New York driver, it is wise to be informed of your rights and to know the possible consequences if you are stopped and a police officer suspects that you are under the influence. Take this opportunity to KNOW the tests that you may be requested to take. UNDERSTAND the implications of refusing tests and learn how to PREVENT further punishment and penalties. Obtaining a good lawyer can help you navigate through the criminal justice system should a DWI arrest occur.
Upon getting stopped, law enforcement will need to determine probable cause to arrest for DWI. Most commonly used during a traffic stop is the standard field sobriety testing that was developed by the National Highway Traffic Safety Administration. Results are evaluated by measured responses in a battery of three tests:
- Horizontal Gaze Nystagmus (HGN)
- Walk-and-Turn (WAT)
- One-Leg Stand (OLS)
Probable cause can also be cited as glassy eyes, odor of alcohol, poor motor coordination and slurred speech – all which can constitute arrest. An officer may also use a hand-held breath test device to show that some alcohol is in the driver’s system for probable cause. Yet, the results of a hand-held breath test device is not considered reliable enough to be used as evidence at a trial.
Within two hours of the stop, law enforcement can request a chemical breath test at the police station. Under New York’s Implied Consent Law, all licensed drivers have technically already consented to have blood, breath, urine or saliva tested for alcohol or drugs if a police officer stops and finds probable cause. The penalty for conviction of a refusal of chemical testing charge is an automatic one year license revocation and a $500 fine for violating the state’s Implied Consent Law. Also, refusing to test can lead the prosecution to use your non-compliance as evidence of your guilt.
Prior to administering a chemical breath test, the officer involved is required to advise the driver that should he refuse to take the test, the NYS Department of Motor Vehicles may revoke his license for one year. The officer will typically ask the subject twice if he is refusing to take the test and if he understands the impact of such a refusal. If the driver persists in the refusal, the officer will note that in the arrest documents.
If you or a loved one has been arrested for DWI, contact the experienced criminal defense lawyers at LaDuca Law Firm today for a free initial consultation. We have the experience to implement a strong legal strategy for your defense.
