DUI Law: What Happens If You Refuse a Drunk Driving Test?
Written by AskTheLawyers.com™ on behalf of Michael E. Greenspan with Greenspan & Greenspan.
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Everyone has constitutional rights. If you have been pulled over or arrested under suspicion of driving under the influence of drugs or alcohol, an attorney can make sure that your rights are upheld.
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Driving while intoxicated or DWI that is a crime. It's punishable by up to a year in jail for a first offense. DWAI, or driving while ability impaired by alcohol, is a very expensive traffic citation. Many times on the side of the road the officer will ask him to breathe into a machine and they think that that is the breath test they've complied with their obligations. It is not.
So then they take you back to the station they say we want you to submit to a chemical test. There is a limited right to speak with an attorney to get advice as to whether you should or you should not. And there are consequences if you do not. If you refuse a chemical test in New York and it's your first time, your license is revoked for one year. It's important now to know where do you go from here? What's going to happen next in your court? And that's where we come in.
Where are they asking you to do those tests? Is it two degrees outside with a wind chill of -10. Do you have a limp? Do you have a physical injury? There can be a lot of reasons which would explain why you couldn't perform one of those tests to the officer's satisfaction.
One thing that I would certainly recommend in any situation is no matter what the provocation is: Be polite. Be calm and be respectful to the officer, because it's not going to prevent you getting arrested but I can assure you that if you are a gentleman or your lady and you're respectful to the officer, that is going to get communicated to the prosecutor.
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