Should You Submit To A Chemical Test (Breath Or Blood)?

     I am constantly asked by friends, relatives and strangers who I meet through my daily life the following:

           If Stopped For A DWI In New York, Should I Take The Breath Or Blood Test?

     There is no simple or even correct answer to the question. The best answer depends on many factors:

1. Whether the test result is likely to be above the legal limit.
2. If so, how much above the limit.
3. Whether there has been an accident involving serious physical injury or death.
4. Whether the DWI charge is a Felony.
5. Whether you are a repeat or multiple offender.
6. Whether you need to drive to earn a living.
7. Whether there is a plea bargaining policy in the county you are stopped regarding test refusals and/or Blood Alcohol limits, e.g. no reduction of the DWI charge if your BAC is above .15%.

     What follows is my best opinion on the answer to the often asked question: "If Stopped, Should You Take The Test?"

1. Consider refusing the test under the following circumstances:
• If you have consumed a substantial amount of alcohol.
• If there has been an accident involving death or serious injury.
• If you have a prior DWI within the proceeding ten years.
• If you are stopped in White Plains, Yonkers, Bedford, Harrison, or any town, village or city in Westchester County, as the policy of the District Attorney as it presently exists, is not to grant a reduction of DWI charge to a non-criminal disposition, even for a first offender, if the BAC level is .16% or above. However, the District Attorney's Office will consider such a reduction for a first-offender, in a refusal situation.

           Remember, Although A Refusal Carries Civil Consequences Separate And Apart From Your Court Case Such As Fines And License Revocation, They Are Relatively Insignificant When Compared To The Cost Of Your Conviction For A DWI Or Other Vehicular Felony.

2. Consider taking the test under the following circumstances:
• This is your first offense and you must drive for a living.
• You have consumed a minimum amount of alcohol and therefore stand a reasonably good chance of passing the test or achieving a low result.
• You are a second offender within five years and the DWI charge is a misdemeanor and you do not want to go to trial.

For an experienced, aggressive, yet compassionate, attorney to handle the defense of a DWI charge, contact me to schedule a free initial consultation. My office hours are flexible and I am available to take your call 24 hours a day, 7 days a week. If you are in jail or in the hospital and cannot come to my offices, I will travel to meet with you. I accept MasterCard and Visa and payment plans are available.

At the law office of Michael Kramer, I defend individuals in White Plains, Yonkers, Mount Vernon, New Rochelle, Rye Brook, Peekskill, Scarsdale, Mount Kisco, Port Chester, Mamaroneck, Carmel, Harrison, Bedford, Croton, Ossining, Tuckahoe, Scarsdale, Elmsford, Tarrytown, North Salem, Lewisboro, and Yorktown; and throughout Westchester County, Putnam County and Bronx County.