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In most states, including in NY, when you become a licensed driver and you get behind the wheel, you are implying consent to certain tests by law enforcement including a Breathalyzer test. Most drivers believe this is mandatory when requested. Nevertheless, DWI attorney Thomas A. Corletta, Attorney at Law states that it is possible to politely decline the test. This decision, however, does not come without consequence.

The Implications of Refusing the Breath Test

According to N.Y. VAT. LAW 1194: NY Code - Section 1194: Arrest and Testing, if a driver refuses the Breathalyzer test and this is their first time doing so in the state of NY, the repercussions will be:

  • Driver’s License Suspension: Your driving privileges will be automatically suspended for a period of 1 year.
  • Monetary Fines: You will be responsible for paying the state of NY a fine of $500 under the code.

Some repeat offenders believe it’s in their best interest to deny the test, since other penalties may be at stake should a conviction be made. On the other hand, you can request DWI attorney Thomas A. Corletta, Attorney at Law at the time of your arrest in order to weigh this decision.

Some other facts to know include:

  • Officers Should Have Probable Cause: The police officer should have probable cause to suspect intoxication prior to signaling a stop for questioning.
  • There Should Be A Wait Period at the Scene: According to the New York State Health Law, Section 59.5, following a stop, the officer should wait at least 15 minutes before requesting the test.
  • There Is A Limited Window to Take the Chemical Test: When arrested, the official chemical or Breathalyzer test should be performed within a 2-hour window.

If you were recently arrested and charged with DWI in New York, or refused the breath test upon arrest, contact DWI lawyer Thomas A. Corletta, Attorney at Law, who will fight to dismiss, lower, or plea down the charges and sentences brought against you. To reach Thomas A. Corletta, Attorney at Law, call (585) 546-5072.

http://www.tcortrialatty.com/Get Legal Advice on How to Refuse a Breath Test in NY

In most states, including in NY, when you become a licensed driver and you get behind the wheel, you are implying consent to certain tests by law enforcement including a Breathalyzer test. Most drivers believe this is mandatory when requested. Nevertheless, DWI attorney Thomas A. Corletta, Attorney at Law states that it is possible to politely decline the test. This decision, however, does not come without consequence.

The Implications of Refusing the Breath Test

According to N.Y. VAT. LAW 1194: NY Code - Section 1194: Arrest and Testing, if a driver refuses the Breathalyzer test and this is their first time doing so in the state of NY, the repercussions will be:

  • Driver’s License Suspension: Your driving privileges will be automatically suspended for a period of 1 year.
  • Monetary Fines: You will be responsible for paying the state of NY a fine of $500 under the code.

Some repeat offenders believe it’s in their best interest to deny the test, since other penalties may be at stake should a conviction be made. On the other hand, you can request DWI attorney Thomas A, Corletta at the time of your arrest in order to weigh this decision.

Some other facts to know include:

  • Officers Should Have Probable Cause: The police officer should have probable cause to suspect intoxication prior to signaling a stop for questioning.
  • There Should Be A Wait Period at the Scene: According to the New York State Health Law, Section 59.5, following a stop, the officer should wait at least 15 minutes before requesting the test.
  • There Is A Limited Window to Take the Chemical Test: When arrested, the official chemical or Breathalyzer test should be performed within a 2-hour window.

If you were recently arrested and charged with DWI in New York, or refused the breath test upon arrest, contact DWI lawyer Thomas A. Corletta, Attorney at Law, who will fight to dismiss, lower, or plea down the charges and sentences brought against you. To reach  Thomas A. Corletta, Attorney at Law, call (585) 546-5072.

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