Does a breathalyzer count as chemical testing?

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.

Those who are arrested on suspicion of drunk driving are often subjected to chemical tests, such as a breath test. The goal of the test is to measure their BAC (blood alcohol concentration) to see if they have exceeded the legal limit. But what options do you have if you get pulled over? Say that the officer asks you to take a test, but you’re not sure if you should do so or not. You certainly don’t want to incriminate yourself. Are you allowed to refuse the test? What happens if you do? Refusal under implied consent laws Refusal is possible, and the officer won’t force you to take a breath test. They will simply ask you to do so, but you can refuse the test. That said, like most other states, New York has implied consent laws. Simply by obtaining your driver’s license, you have already agreed to the chemical tests in question. As long as you’ve been legally stopped by the police, you have consented to those tests, and the police expect you to take them. By refusing, you are technically violating this previous consent. In response, the state is going to automatically suspend your driver’s license for at least 12 months. You will also be fined $500. If you are a commercial driver, you will be fined $550, and the license revocation could last for 18 months, rather than 12. So, while you are allowed to refuse the test if you want, that doesn’t mean you can do so without ramifications. Be sure you are well aware of the legal defense options you have at this time and what steps to take.