Should You Refuse A DWI Test In Rockland County?
If you’re reading this article immediately after being pulled over for a DWI in Rockland County, you might be wondering whether you should blow into the Breathalyzer test. Perhaps you’ve heard that it’s possible to refuse these tests… but is this really the right choice? What are the potential advantages of refusing a chemical test in New York? What are the potential downsides?
Can Police Force Me to Take a DWI Test?
No, police officers cannot force you to take a DWI test. You have the right to refuse these testing procedures in New York. However, the court can technically order you to submit to a blood test after your DWI arrest. This typically occurs after a DWI involving a serious injury or death, and police may obtain a court order or warrant that forces you to comply. Of course, you could continue to refuse – but this would lead to an additional criminal charge called “contempt of court.”
What Happens After a DWI Test Refusal in New York?
If you refuse to submit to a DWI test in New York, you will not face any criminal consequences. However, a DWI test refusal is a traffic violation in the Empire State – similar to speeding or running a red light. The consequences of this violation are severe, and it triggers a potential one-year suspension of your driver’s license. This suspension is not entirely guaranteed, however. You will still have the opportunity to attend a DMV hearing and avoid penalties – perhaps with help from an experienced DWI defense lawyer.
Is It Worth Refusing a DWI Test in New York?
So is there any real benefit to refusing a DWI test in New York? It depends on the circumstances of your arrest. By refusing a DWI test, you prevent police from gathering evidence of your alleged intoxication. It may be difficult for prosecutors to prove your guilt beyond reasonable doubt without your test results.
However, it is important to understand that a test is not the only potential source of evidence in a DWI case. Police may also testify about their observations during the arrest, such as your slurred speech, the scent of alcohol, bloodshot eyes, or swaying posture. They might also obtain receipts from bars you visited prior to the arrest. As a result, it may not make sense to refuse your DWI test if you believe that the police already have plenty of other evidence against you.
Can a DWI Defense Lawyer in Rockland County Help Me?
Regardless of whether you choose to accept or refuse a chemical test, you can speak with a New City criminal defense attorney for further guidance. While refusing a test has its various pros and cons, it is always a good idea to avoid making statements to police officers until you have a chance to speak with your lawyer. After exercising your right to remain silent, consider calling Phillip J. Murphy, Attorney at Law at your earliest convenience.
Source:
dmv.ny.gov/points-and-penalties/penalties-for-alcohol-or-drug-related-violations
