Police officers undergo an extensive 80 hours of training to identify drunk drivers, according to the New York State Police Academy. If they notice the signs of intoxicated driving, then they will make a traffic stop and will likely request that the driver completes a series of sobriety tests. If the driver fails these tests, then the police will charge him or her with DWI.
Driving while intoxicated is a serious charge – even if it is your first offense. If New York police have arrested you for driving while intoxicated, then your first call should be to a criminal attorney.
Darren DeUrso, Attorney at Law can evaluate your arrest and structure a comprehensive defense against your charges. If you would like to discuss your case with a White Plains DWI attorney, then call our office today at 914-772-8614.
In the meantime, read on for an overview of DWI sobriety tests in New York:
The Primary Method
There are several different methods of testing intoxication levels. Using a breathalyzer is one of the most convenient and accurate tests. This machine calculates the driver’s blood-alcohol content, or BAC, by measuring the alcohol content in the suspect’s breath. New York law considers breathalyzers to be accurate means of determining intoxication, so the results are admissible in court.
The police may request that the driver completes other sobriety tests, such as blood tests and urine tests. Field sobriety tests, such as balancing on one leg and reciting the alphabet backward, are also common.
Do I Have to Take Sobriety Tests?
The law requires that police officers have a warrant prior to searching a suspect’s property. Because your body is your property, law enforcement cannot force you to submit to a sobriety test. However, refusing a breathalyzer will lead to the immediate suspension of your driver’s license.
New York is an “implied consent” state, which means that you automatically consent to a breathalyzer every time you drive a vehicle. If you are sober, then you should consent to the tests.
Consequences of Refusing Blood Sample or Breathalyzer Tests in White Plains, New York
In most cases, it is better for drivers to submit to sobriety testing when police pull them over. Even if you refuse chemical testing, there may still be evidence that the prosecution can use against you, such as police testimony, video footage, witnesses and more. Additionally, some judges consider a refusal to be evidence of guilt.
If New York police have arrested you for driving while intoxicated, DWAI or DWAI-drugs, then you should contact a DWI attorney as soon as possible. A criminal lawyer can evaluate your arrest and identify an appropriate defense.
Depending on the circumstances, there may be a defense that convinces the courts to reduce the charges or penalties, or to dismiss the charges altogether. To discuss your legal options, call Darren DeUrso, Attorney at Law at 914-772-8614.