If you’re pulled over for suspected drinking and driving, you’ll be asked to perform some initial roadside tests to measure your blood alcohol content (BAC).

These roadside tests will usually include a field sobriety test (FST) and a preliminary alcohol screening (PAS). The FST might include a one-leg stand, horizontal gaze nystagmus (HGN), and walk and turn. The PAS will generally be conducted with a portable breathalyzer device.

These tests are voluntary and performing these tests generally hurts your case rather than helps it – regardless of whether you’ve been drinking. Portable breathalyzers are unreliable and often give incorrect readings. And for example, even if you haven’t been drinking, your nerves and balance issues could mean you “fail” the FST tests.

The data gathered from these roadside tests is not evidence admissible in court.

If you refuse the roadside tests, this will usually mean that your license will be temporarily suspended and you will be taken to the police station. This might sound intimidating, but keep in mind that it could be the much better option. And it’s important to note that taking the roadside tests (even if you haven’t been drinking) doesn’t necessarily mean you’ll avoid this trip to the police station.

At the police station, you’ll be asked to perform a second breathalyzer test, and possibly also a blood sample.

Refusing this second test at the police station has much more serious repercussions. But also, because the results of this second test will be admissible evidence in court, the risk of taking the test is much greater.

So, should you accept or refuse the breathalyzer test at the police station? There’s no simple answer, but we’ll look at the pros and cons of each choice. Keep in mind that when discussing the pros and cons of taking the test, we’re only considering the second test at the police station, not the initial roadside test.

If You DO Take the Test

• If you DO take the test at the police station, and the result is a relatively low reading, you have a chance at having your charges reduced to DWAI. A DWAI is a less serious charge than a DUI and carries lighter penalties.
• However, if your reading is higher than a certain level it’s quite unlikely that you will be able to get your sentencing reduced, even if it’s your first-time offense.
• If you do take the test, the test results can be used as evidence for or against you. Having a test reading as evidence can be positive or negative. Once there’s a concrete BAC number to use as evidence in court, it can either work in your favor as “Yes, I was drinking but not that much” or against you as proof that you broke the law. Depending on your situation, your attorney can advise you on the better option.

If You DON’T Take the Test

• If you refuse the test, you will almost certainly be unable to get reduced sentencing. Without the chance of reduced sentencing, you have a higher chance of being convicted of a DUI, which means being convicted of a crime. If you’re convicted as a first-time offender, you’ll get a license revocation of 6 months, fines of up to $1,400, and you’ll be required to attend time-consuming MADD and DDP programs.
• If you don’t take the test, you run the risk of going to trial over the case, which will be more expensive. But sometimes, going to trial is the preferable option if you have a good chance of winning.
• Without the actual reading, there will not be the evidence admissible in court to be used against you. Without the actual results as evidence, you could argue that you were intoxicated but not impaired.

Tips To Remember If You’re Pulled Over

• You don’t have to answer questions beyond identifying yourself. You can politely but firmly refuse to answer additional questions without your attorney
• You do not have to perform any roadside tests such as walking in a straight line or breathing into a Breathalyzer. Your participation is not required by law, and will generally only hurt your case.
• If you are arrested and taken to the police station, remain silent and decline any chemical test until you are first allowed to speak with an attorney.
• Call an attorney ASAP. An experienced New York DUI/DWI attorney can advise you on which chemical test to take, if any. Your attorney can help you understand your rights and begin to prepare your defense.

There’s no easy answer as to whether you should accept the test or not in Westchester County, NY. A DUI/DWI attorney can advise you specifically given your unique situation. Contact Darren DeUrso at 914.772.8614 or online.

 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: 914.772.8614

Fax: 914-833-9788

Getting a DUI/DWI conviction is stressful! And if you’re required to have an Ignition Interlock Device (IID) installed, you might feel that stress every time you get in your car. You might worry about failing the regular IID tests or you might feel embarrassed by other people seeing the IID in your car.

Life can get even more stressful if you can’t afford the expensive fees associated with the installation and monthly maintenance of an IID. Keep reading to understand what’s required of you when a court orders you to install an IID, how much an IID costs, and how you can receive financial assistance for an IID.

What is an IID?
If you are convicted of driving while intoxicated or aggravated driving while intoxicated as a felony or misdemeanor in New York, you will be required to install an Ignition Interlock Device (IID) in any vehicle that you own or use, says NYcourts.gov. Most sentences will require you to keep the IID installed for one year or more.

When installed, an IID prevents a car from starting if the driver’s blood alcohol concentration is .025% or higher. You’ll have to exhale into the IID for a test before the engine will start, and then perform additional breath tests at random times while the engine is running. If you don’t provide the breath tests when prompted, the IID will record this and then give you a warning to provide the breath sample. If you still don’t exhale into the device, your car will start honking incessantly or going into alarm mode until you provide the breath sample. Depending on which device you have, there may even be a built-in camera.

While an IID might seem highly disruptive to your life, following the IID rules and laws at all times is absolutely necessary for your future wellbeing. If you are caught violating IID laws or driving without a court-ordered IID, you could be sentenced to up to a year in jail. Your life has been affected enough by your DUI/DWI conviction, don’t put more at risk by trying to get around IID laws.

How Expensive is an IID?

IIDs aren’t cheap. For each vehicle that you operate or own, you will have to pay an installation fee, a monthly fee, and a removal fee. The exact cost will depend on the vendor who installs the device. On average, the IID installation fee will cost between $100 and $200, with an additional fee of about $70 to $125 each month.

What if You Can’t Pay?

What happens if you’re required to install an IID and you really don’t have the money to pay for it? Understandably, this can be an extremely stressful situation. But thankfully, there are some possible solutions.

New York is one of the few states that offer the potential for financial assistance when it comes to Ignition Interlock Devices. Qualifying for the financial assistance can be a bit tricky though, so it’s imperative that you act fast and pay close attention to the required process.

If you don’t have the money to pay for an Ignition Interlock Device, you have the option to ask the court to waive the associated fees, explains NYcourts.gov. You can make this request by filling out the Financial Disclosure Form. If you can prove that you truly cannot afford an IID, then the court will waive the fees. To request the waived fees, you’ll need to take three copies of the form linked above to the court that sentenced you. It’s critical to apply as soon as possible because you will only have 10 days after your sentencing to install the IID. It’s up to the courts to decide if you qualify for the waived installation fee and waived monthly charges.

Some private companies such as Intoxalock also provide financial assistance options for qualifying drivers, although the rules for application may differ.

How to Get Help

To see if you qualify for financial assistance, contact a White Plains DUI/DWI attorney as soon as possible. Procrastinating may cause you to miss a deadline required for financial assistance.

Remember that if an IID is part of your sentencing, then it’s essential that you comply with IID laws. As inconvenient and stressful as it may seem, an IID is your solution to getting your life back to normal. Complying with IID requirements will allow you to drive normally again after a short period of time. If you have questions about your DUI/DWI case, don’t hesitate to call Darren DeUrso. Our law firm is dedicated to helping clients navigate the complex route of DUI/DWI cases in White Plains, NY. Our caring legal team is available at 914.772.8614 or online

 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: 914.772.8614

Fax: 914-833-9788