Is it Possible to Refuse a Field Sobriety Test?
New York law does not require a person to submit to field sobriety tests.
Field sobriety tests are tests that include walking in a straight line or following a pen with your eyes and often used to determine if a person is driving while intoxicated.
What Happens If I Refuse to Take a Chemical Test?
New York has adopted the implied consent law for DUI cases, which stipulates that anyone operating a motor vehicle within the state automatically agrees to allow law enforcement to conduct a chemical test of their blood, saliva, or urine to ascertain alcohol levels.
Breath tests are required to be carried out within two hours following an arrest, and the same timeline applies to chemical tests following either the arrest or the breath test.
The issue of whether a test has been performed within this 2 hour timeframe has frequently been a point of contention in DWI cases. Despite the implied consent rule, a driver suspected of DWI retains the right to decline a chemical test.
Chemical Test vs. Breathalyzer: What’s the difference?
In the state of New York, the law defines a blood alcohol content as “chemical testing.”
There are several tests that can be performed during a DWI investigation including
→ Portable breathalyzer test (PBT)
→ Driver’s chemical testing
→ Blood
→ Urine
→ Saliva
→ Breath (breathalyzer)
A Portable Breathalyzer Test is usually given during a traffic stop. A breathalyzer is used to determine if you are sufficiently impaired to warrant an arrest or investigate the DWI stop further.
If the breathalyzer device has been approved by the State, and all chemical test refusal warnings have been given, Portable Breath Tests can be admissible in New York courts.
Upon arrest, you may be subject to other chemical tests at the police station. The breathalyzer test, which uses a different machine than the Portable Breathalyzer Test, is considered far more accurate.
In some cases, a blood test may be used as an alternative to the breathalyzer test and may also be used to verify that you have given a valid breath sample. A blood test is considered to be intrusive, requires a warrant, and is less commonly used than a breath test.
a urine test is often used in situations where you may be impaired by drugs. They are, however, less reliable than blood and breath tests.
Is It Possible to Get Your License Back at the Arrraignment?
Your license will be suspended at the arraignment. You may be able to get it back when you go to the hearing if the police officer does not show up. You are then free to drive, and you will have full driving privileges back until the second hearing.
You Might Need to Join Certain Programs to Get Your License Back
If you lose at your hearing or do not attend and default, you will get a one-year license revocation and have to pay to get your license back. After a license revocation, if you plead guilty to driving while ability impaired or driving while intoxicated charge, you will get the Drinking and Driving Program, or DDP, under the terms of your plea.
Even if you lose at the hearing or default on the hearing and your license is revoked, you can still have a conditional driver’s license. You will not be able to have a conditional driver’s license if you do not take the Drinking and Driving Program.
These hearings are to establish that four elements have been met
→ There was reasonable cause to pull you over
→ There was probable cause to believe you were under the influence of alcohol
→ The officer properly read you the refusal warnings
→ You unequivocally denied taking the test
Arraignment Hearing, and Joining Programs
License suspension occurs at the arraignment. Joining programs like the Drinking and Driving Program (DDP) may be required for license restoration.
License Revocation and Conditional License
If you fail to attend your hearing or lose at your hearing, a one-year license revocation may occur.
Establishing Elements and Challenging the Case
Establish elements such as
→ Reasonable cause
→ Probable cause
→ Refusal warnings
→ Denial
Attorneys can challenge the officer’s reasons for the stop and the evidence presented.
Scrutinizing Paperwork and the Importance of Refusal
When identifying discrepancies and errors, examining the paperwork drawn up and the video evidence is crucial. The report of refusal can hold significant importance, especially if the officer does not appear at the second hearing.
Noticing Errors
Identifying errors in paperwork can be instrumental in winning your hearing.
Defend Your Rights Today
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.
Intake is free of charge and will include