The Daily Voice reports on a scenario that is all too common on New York roads: Police stopped a man for speeding but they ended up arresting him for drunk driving. Just after 3:30 a.m., officers who were enforcing the posted speed limit using radar spotted a man traveling 63 mph in an Acura.
This prompted police to conduct a traffic stop for speeding. Police claim they smelled alcohol on the driver’s breath, and when they asked him where we has coming from, he responded, “Mamaroneck Avenue, White Plains.”
Officers claim the suspect said he had not had anything to drink, but he allegedly failed multiple field sobriety tests. He was arrested after refusing to take a breathalyzer test.
Police state that the suspect refused to submit to a breath test at the station, as well, and they charged him with driving while intoxicated. Police also issued a speeding violation and an infraction for his refusal to take a breath test. Later, police released him into the custody of a friend on $250 bail.
If you are facing DWI charges, your first call should be to a criminal defense attorney. Turn to Darren DeUrso, Attorney at Law for comprehensive legal guidance.
Mr. DeUrso has more than 30 years of experience as a DWI lawyer, and he will aggressively defend your rights. Call 914-772-8614 to schedule an initial consultation with a White Plains criminal attorney.
Do I Have to Submit to a Breath Test in New York?
The state of New York has an “implied consent” law in place, which means motorists must submit to a blood, saliva, breath, or urine test if police have reason to believe they are driving while intoxicated. You automatically agree to take such a test every time you get behind the wheel.
If you refuse to take a pre-arrest breath test during a traffic stop or a subsequent chemical test at the police station, there are serious consequences. Only your attorney can advise you on the best way to respond in your particular situation because every case is unique; however, Business Insider reminds readers that the penalties for refusing a breath test in New York are comparable to those for actually driving while intoxicated.
Can Police Force Me to Take a Breath Test Even If I Refuse?
In most cases, police cannot physically force you to submit to a breath test if you refuse. The only scenario in which police can force you to do so is if you are involved in a collision that caused serious injuries or death. Under such circumstances, the police may be able to obtain a court order allowing them to withdraw your bodily fluids for BAC testing, regardless of whether you actually submit to the test.
If you are facing DWI charges, Darren DeUrso, Attorney at Law will structure a comprehensive defense based on the unique facts of your case. Call 914-772-8614 to schedule an initial consultation with a DWI lawyer in New York.