New York Breath Test Lawyer
Many people have been taught to cooperate with police completely, no matter what, and raised on the principle that things will go better for them when they do. However, a DWI arrest can be an important exception to this sensible guideline.
You must give your name and current address if you are arrested. Beyond that, the best policy is to stop talking completely, but remain orderly and polite, until you get in touch with one of our skilled, aggressive criminal defense lawyers by calling 800-399-7098. We know current laws and virtually every angle on DWI/DUI and other alcohol-related criminal defense strategies from decades of experience.
If you are researching this subject but have not been arrested, the best advice we can give you is not to drink and drive at all in New York. If you are ever arrested, one of the most important mistakes to avoid is offering up a confession — to anything, from how many drinks you had to driving erratically.
Weighing Your Options and the Consequences
The question, "Should I take the breath test?" if you are under arrest is more complex and dependent on your circumstances. Here, we are referencing the test that takes place once you are in custody — using equipment such as a Breathalyzer, Intoxilyzer or Datamaster.
You may have heard the term "implied consent" in relation to drunk driving. This means that everyone who operates a motor vehicle in New York is viewed under the law as having already agreed to take a chemical test to determine blood alcohol concentration (BAC) if suspected of driving while intoxicated or under the influence. Chemical test refusal is an option, however, and one we recommend under some circumstances.
The down side of breath test refusal is that you will face civil penalties: a mandatory license suspension, pending the outcome of a refusal hearing, and a fine. Reasons to refuse may include your recognition that a breath test showing BAC above the legal limit is challenging to contest, and that a DWI conviction will be especially damaging to you in terms of its overall consequences. Therefore, you would prefer to provide as little evidence as possible and put your case in our hands as criminal defense attorneys.
Call 800-399-7098
We can offer sound legal counsel whatever your current situation. Whether you took the test or refused it, your best next step is to contact us at Grunwald & Seman in Nassau County.
