If you are pulled over by a police officer because he or she suspects that your are driving while intoxicated, there are certain steps that the police officer must follow.
First and foremost, the police officer needs to have probable cause to believe that you are driving while intoxicated. As this is a subjective standard, this step is usually vulnerable to challenge at trial.
If probable cause was properly established, the officer can then investigate further by giving you a field sobriety test. New York police officers most commonly use a Breathalyzer to administer the test.
The Breathalyzer is simply a computerized machine that you blow into which is supposed to measure your blood alcohol content (BAC).
New York Breathalyzer Law
Field testing. Every person operating a motor vehicle which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a police officer, submit to a breath test to be administered by the police officer. If such test indicates that such operator has consumed alcohol, the police officer may request such operator to submit to a chemical test in the manner set forth in subdivision two of this section.
The most complicated question that arises is whether you should voluntarily blow into the Breathalyzer.
The answer is that there is no easy answer. Many factors come into play such as whether anyone other than yourself has been injured or killed in the accident under DWI investigation. Also, whether you have a prior criminal DWI record comes into play.
New York has strict consequences for refusing a Breathalyzer test – one of which is that you automatically will lose your driver’s license for a year. If you refuse to blow into the Breathalyzer, know that you will lose your driving privileges for a year.
If you or your loved one has been charged with driving while intoxicated, it is extremely important that you have aggressive and effective defense representation.
Call our 24 hour emergency DWI hotline now at (866) 213-1933.
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