Usually, an officer may request a driver to submit to a breathalyzer test if they believe that the driver is intoxicated. A breathalyzer is a gadget that analyses a person’s breath to determine how much alcohol is in their system. Many drivers charged with a DWI question whether they were required to take the breathalyzer test or should have.
This article outlines the legal consequences of refusing a breathalyzer test in New York and when it is permissible.
Can I Refuse A Breathalyzer Test In New York?
It is tough to decide whether to decline a breathalyzer. The state of New York’s attitude on the issue is quite apparent in the statute, which states that failure to take a test is discouraged by the possibility of fines and license revocation. But you can either accept the test or refuse to take it based on your immediate state.
When You Should Not Refuse a Breathalyzer
It is usually to your disadvantage to decline a breathalyzer. If you do not think you are drunk. The primary justification is that refusing a breathalyzer has more serious repercussions if your BAC is lower than.08%. So, you may be charged as though you were operating a vehicle with a BAC of.08% if you refuse to take a breathalyzer. This might not make sense for someone who was not drinking much. Why take the chance of being penalized as though you did if you did not drive with a BAC over.08%, especially when there are better options available?
When You Might Consider Refusing a Breathalyzer
You should generally refuse a breathalyzer if you think you are highly intoxicated and your BAC is significantly over the 0.8% legal limit for a DWI. You could face far harsher consequences than for a common law DWI if your BAC is 18% or higher.
Defending Against the Consequences of Refusing a Breathalyzer
One might defend against taking a breathalyzer and lessen the indirect consequences of doing so by arguing a valid reason for refusal or arguing that the police did not follow the normal procedure in court and that the evidence of the breathalyzer rejection should not be allowed. Lastly, you cannot defend against refusing a breathalyzer without a valid reason.
