Should I take the DWI Breath Test? I’d Say Don’t Refuse Unless You Want To Lose Your License
Refusing The Breath Test will likely sign you up for an automatic 1-year license suspension.
In New York State, we have implied consent. This means that if you choose to refuse the breath test you will lose your license for 1 year (pending the outcome of a NYS DMV Hearing). This means that even if your DWI Case is completely dismissed in Criminal Court, you still lose your license for 1 year.
In addition, I tell all of my clients that they should take test if they truly are not intoxicated because they very well not blow over the legal limit of .08%.
So What Should You Do?
The one advantage of refusing the breath test is that the police and District Attorney will never know your true Blood Alcohol Content. However, nless you want to lose your license for the next year, it’s a wise choice to take the test. If you are arrested as a result of that test, then you have the option to contact your attorney to begin looking into your case.
Is there any time when you shouldn’t take a breath test?
The only time you should even consider taking the test is you know your are legitimately over the limit and possibly if you have prior DWI conviction within the past 10 years.
If you were not pulled over legally or the test wasn’t administered correctly, there is a chance that any charges you may face could be dropped. Although officers have a right to ask for a breath test, they still need a legitimate reason for pulling you over. If they don’t, then the evidence they have may not be able to be used against you.
Chris Brown is an experienced Criminal Defense Lawyer and Personal Injury lawyer with Offices in Binghamton, New York. Chris Brown represents good people who have been charged with offenses throughout Upstate, NY. Contact us today at (607) 988-3131 to see how we can help you win your case.