Can you refuse a breath test in New York?

If you're stopped here in Mineola, NY, you do have some rights as well as responsibilities. And if you're being charged with a DWI, you'll want to exercise one of your most important rights immediately: your right to talk with a DWI attorney. What Rights Do You Have During a Mineola, NY DWI Stop? The Right Not to Volunteer Information As soon as they pull you over, the police may try to get you talking. You do have to answer basic questions about who you are, and you do have to show your license and the registration, and proof of insurance on your car, but you don't have to volunteer anything else. If you're asked questions like, "Do you know why I stopped you?" simply say, "No." You don't have to answer whether you've been drinking or not, nor do you have to tell the police where you're going, what you've been doing, etc. more The Right to Refuse a Search If the police ask to search you or your car, always tell them no. Now, if the police have reasonable cause to believe that you're committing a crime, such as if they smell marijuana or see an open container of alcohol next to you in the car, then they can search without your consent. But always tell them no, anyway. Be polite, but just say you do not give your permission for a search. That way, even if they think they have probable cause, your lawyer can challenge it later. And if it turns out they didn't have a good reason, they won't be able to turn around and say that it doesn't matter, as you told them it was all right to search. The Right to a Lawyer If you're arrested, you have the right to legal help, and you have the right not to say anything once you've been arrested without your lawyer present. If they take that step, immediately say that you want a lawyer and answer all questions they ask you with that same response: I want to talk to a lawyer. The Right to Refuse a Breathalyzer Test (Sort of) This is a tricky one. Technically, you can refuse to take a breathalyzer test. However, if you do, you will probably be arrested, and you will definitely lose your license and be fined, even if you're not charged with a DWI. That's because of New York's implied consent laws. By getting a driver's license in the first place, you give your consent to taking a breathalyzer test when asked and agree to penalties if you refuse. Right to Refuse a Field Sobriety Test If the police ask you to get out of your car and do a field sobriety test, you have the right to refuse, and you don't have to worry about losing your license over this. However, if you refuse that test, they will almost certainly want you to take a breathalyzer test. Call a DWI Attorney Now If you've been arrested for a DWI, don't wait to get protection. Call the Law Firm of Michael R. Franzese in Mineola, NY at 516-963-0545 right away.

Driving while intoxicated (DWI) charges are somewhat common. Many people face misdemeanor charges after a drunk driving arrest. People may be dismissive about the impact of misdemeanor charges and may plead guilty instead of taking the case to trial. Their perspective could shift if the state brings a felony DWI charge against them instead. There are a handful of scenarios in which felony charges are possible in a DWI case. Defendants then face more serious penalties and a lifetime with a felony criminal record. When can drunk driving become a felony offense in New York? When the driver has prior convictions A prior DWI from within the last decade is an aggravating factor in a DWI case. Prosecutors can bring felony charges against those who have a previous conviction from within the last 10 years. When a driver has children in the vehicle The state may pursue felony charges against motorists who endangered a passenger under the age of 16 by driving drunk. Young people generally cannot prevent caregivers or parents from transporting them after drinking and may not even realize that the adult is not safe to drive. They cannot advocate for themselves the way that older passengers can. When others get hurt If a DWI incident results in a crash, the felony charges could follow. State law allows for felony charges when drunk drivers injure others or cause fatal collisions. Other aggravating factors, including having exceptionally high alcohol levels, may also lead to felony DWI charges and enhanced penalties. Fighting back against DWI charges requires an understanding of the law and an evaluation of the state’s case. Those facing felony charges have had extra incentive to partner with a criminal defense attorney instead of pleading guilty.

There is typically one number that people in Mineola associate with drunk driving: .08. That is the blood-alcohol content measurement that is almost universally accepted as defining intoxication. Yet it is not the only number related to BAC that New York drivers need to worry about. Per the New York Department of Motor Vehicles, a BAC or .05 percent is enough to label a driver as being impaired, while a BAC of .18 percent qualifies one to be charged with aggravated DWI. With all of the talk about blood-alcohol levels, however, a pressing question arises: how is it that a breathalyzer device (which measure one’s breath) is used to determine BAC? The Alcohol Pharmacology Education Partnership offers an explanation of what a person’s breath may say about the alcohol content of their blood. Ethanol is the exact type of alcohol used in drinks such as: Beer Wine Liquor It is water-soluble, meaning that it can pass through membranes in the body via a process known as passive diffusion. Thus, after being consumed, ethanol moves through the lining of the stomach and small intestines into the bloodstream. It is then carried to the heart, then to the lungs where some of it vaporizes into a gas that accumulates in the alveoli (the lung sac). The gaseous ethanol then is carried out with each breath. This process continues, with the remaining ethanol in the blood vaporizing in the lungs at a rate that maintains equilibrium. What this means is that as one breaths, his or her BAC lowers. This dynamic process may contribute to the unreliability of breathalyzer measurements. While they are able to measure BAC, the fact that a person’s BAC is constantly changing with each breath may contribute to a much wider margin of error.