In the Digital Age, myths can spread faster than facts. Luckily, most Internet myths are harmless, but when it comes to legal issues, acting upon misconceptions can have serious consequences.
If you want to know the facts about your drunk driving charges, contact Darren DeUrso, Attorney at Law. Call 914-772-8614 to speak with a DWI lawyer in White Plains, and read on to learn the truth behind four myths regarding drinking and driving:
Myth 1: If I refuse the breathalyzer test, there will be no evidence against me.
Even if you refuse the breath test, the prosecuting authority might have enough evidence to secure a conviction. For example, if you consent to field sobriety tests and fail, this could be used against you in court. Also, the tests may have been taped, and that video might be admissible as evidence against you.
Myth 2: There are no penalties of refusing a breathalyzer test.
As the Department of Motor Vehicles explains, New York is an implied consent state. As such, all drivers automatically consent to a chemical test (breath, blood, saliva or urine). There are penalties of refusing a breathalyzer in New York, which include a $250 annual fine for the Driver Responsibility Program, to be paid for three years. Other consequences include:
- One-year license revocation (18 months for commercial motor vehicle drivers)
- Civil penalty of $500 ($550 for commercial motor vehicle drivers)
2nd Offense within Five Years of Previous Refusal
- Civil penalty of $750
- 18-month driver’s license revocation (permanent revocation of CDL)
Myth 3: You must submit to field sobriety tests.
Although New York is an implied consent state, there are no legal consequences of refusing field sobriety tests. This is because these tests are notoriously inaccurate. Here are a few reasons why a sober person might fail FSTs:
- Back pain;
- Foot pain;
- Knee pain;
- Bad weather;
- Poor instructions from the officer;
- Or improper administration of the test by the officer.
Although you can refuse field sobriety tests, if you fail them, the prosecuting authority can use this as evidence against you in court.
Myth 4: The officer did not read me my Miranda Rights, so my case will be dismissed.
This is a common misconception when it comes to all kinds of criminal charges, but it is important to remember that if an officer fails to read you your Miranda Rights at the time of the arrest, it simply means that anything you say during that time cannot be submitted as evidence against you. It does not dismiss any evidence the officer might have gathered at the scene prior to the arrest.
If you are facing criminal charges, you do not have to go through the proceedings alone. Darren DeUrso, Attorney at Law is a DWI attorney in White Plains who will fight aggressively for a positive outcome of your case. Call 914-772-8614 to schedule a consultation.