Should You Take The Breathalyzer Test?

As a DWI attorney I am constantly asked by friends, relatives and people I meet daily whether it is wise to take the breath or blood test if I am stopped for DWI in New York State.

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

The Factors Are:

• Is the test result likely to to be above the legal limit?
• If so, how much above the limit?
• Has there been an accident involving serious physical injury or death?
• Is the DWI charge a felony?
• Is the driver a repeat or multiple offender?
• Does the driver need to drive to earn a living?
• Is there a plea bargaining policy in the county you were stopped regarding test refusals and/or blood alcohol levels?

Here is my best opinion on the often asked question: IF STOPPED, SHOULD I TAKE THE TEST?

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 last 10 years
• If you are stopped in White Plains, Yonkers, Bedford, Harrison or any town, village or city in Westchester County. 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 time offender, if the BAC (Blood Alcohol Level) is .16% or above.

A refusal carries civil consequences such as fines and license revocation. These are separate and apart from your court case. They are less significant when compared to the cost of your conviction for a DWI or other vehicular felony.

Consider Taking The Test Under The Following Circumstances:

• This is your first offense and you drive for a living.
• You have consumed a minimum amount of alcohol and therefore stand a reasonable chance of passing the test or achieving a low result.

Experience And Compassion

For an experienced, aggressive yet compassionate lawyer to handle your criminal defense, DWI defense or traffic violations case, 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 office, I will travel to meet with you. I accept MasterCard and Visa. Payment plans are available.