When a New York resident is pulled over for suspicion of drunk driving, a police officer may request a breath sample. While many drivers do take the breath test, at least 20 percent refuse. Due to implied consent laws, these drivers risk losing their license and other potential penalties.
Drivers give consent that allows police officers to use field sobriety tests and chemical tests, such as breath tests, when they apply for their driver’s license. If a driver refuses to take a breath test during a traffic stop and the officer has reasonable suspicion that the driver was under the influence of alcohol, they will automatically have their license suspended for six months to one year. They will also have to pay a $500 fine.
In general, attorneys create a stronger defense against drunk driving charges if the authorities do not have evidence of drunk driving. In the state of New York, however, the consequences for refusing to take a breath test are severe and could potentially imply that the person was driving while under the influence. If a driver refused to take a breath test or did take a breath test but failed it, an attorney may potentially help defend the person against any charges they may face.
In addition to the penalties a driver may face for refusing to take a breath test, those who are accused of driving under the influence of alcohol or drugs may face additional consequences if they are convicted of a misdemeanor of felony DWI. These consequences could include hefty fines or even jail. Depending on the circumstances, the attorney may argue that any tests that were implemented, such as field sobriety tests or breath tests, were not administered correctly. Otherwise, the attorney may negotiate with the court so that the person can still use their car to get to work.
