According to Alcohol.org, New York sees about 137 annual driving while intoxicated (DWI) arrests per 100,000 residents. During a typical DWI arrest, a police officer usually uses a Breathalyzer device to determine how intoxicated a driver is. These test results then become important evidence in a subsequent DWI criminal case. What if a person never submits to one of these Breathalyzer tests? Is this even legal in the state of New York? What kinds of consequences could a person face if they refuse a Breathalyzer test, and are these consequences more severe than a DWI conviction?
These are common questions defendants may have as they approach DWI arrests and Breathalyzer test refusals in New York. Those seeking answers may wish to contact experienced DWI defense attorneys in New York for more information. Consider expanding on this topic by contacting The Law Office of Benjamin Greenwald at (845) 567-4820.
What Happens When You Submit to a Breathalyzer Test in New York?
According to the New York Department of Motor Vehicles (DMV), Implied Consent laws state that all motorists automatically consent to breath tests when they start driving. As a result, drivers may decide to participate in breath tests and other chemical tests. Those who consent allow their test results to be used by prosecutors in subsequent criminal cases. Those who record a blood alcohol content (BAC) of 0.08 are legally “intoxicated.” As a result, these individuals may face DWI charges in New York. However, this might not be the only evidence that prosecutors use in these cases.
The Difference Between Chemical Tests and Preliminary Breath Tests
Note that there is a difference between a Breathalyzer test (a type of chemical test) and a preliminary breath test (PBT). A PBT is the type of breath test that most people are familiar with, and it is a portable device that officers carry with them in the field. In contrast, a Breathalyzer is a type of chemical test. This is often a stationary device found at a police station. While officers can administer PBTs if they suspect that a person might be intoxicated, these tests occur before the actual arrest. The purpose of a PBT is to establish probable cause to carry out a subsequent arrest. Without probable cause, a police officer cannot legally make a DWI arrest.
Chemical tests (including Breathalyzer tests) are mandatory according to Implied Consent laws in New York. In contrast, PBTs are entirely voluntary. In other words, a driver is under no obligation to submit to a PBT. These tests occur before a driver is under arrest. At this point in time, the authorities have not yet determined that the driver is doing anything wrong. As a result, the driver can refuse both PBTs and field sobriety tests. This could make it challenging for the authorities and prosecutors to gather enough evidence for a DWI conviction.
What Happens When You Refuse a Breathalyzer Test in New York?
Those who refuse Breathalyzer tests in New York violate Implied Consent laws. As a result, these drivers face various penalties for refusing the test. New Yorkers should know that these penalties are separate from DWI penalties. Test refusal leads to license suspension in New York. The DMV notes that if the test refusal is “confirmed” at a later hearing, this will lead to a one-year license revocation and a minimum fine of $500.
New York enforces heightened penalties for those under the age of 21. In this situation, test refusal automatically leads to a one-year license revocation. A subsequent offense for someone under the age of 21 leads to another license revocation of at least one year. However, this second revocation can last until the defendant turns 21. For example, a 17-year-old may face a four-year license revocation for a second-offense test refusal.
Should You Refuse a Breathalyzer Test in New York?
Refusing a PBT makes sense because the test is always voluntary. Refusing field sobriety tests also makes sense for the same reasons. However, a police officer could still make an arrest without this evidence. For example, they might observe that a driver exhibits bloodshot eyes, slurred speech, the inability to walk, and other signs of intoxication. Still, it may be challenging to secure a conviction based on this evidence alone. Without the addition of a breath test result, the court may decide that the prosecution has not satisfied the “beyond a reasonable doubt” burden of proof.
Once an officer places a DWI suspect under arrest, they are legally required to submit to a chemical test (which may include a Breathalyzer test). However, a defendant could potentially still refuse the test. If they make this decision, their license will be revoked for at least one year. However, it may be possible to contest this decision during a DMV hearing, potentially with assistance from The Law Office of Benjamin Greenwald. Each defendant must decide whether it makes sense to refuse a Breathalyzer test and risk a one-year license revocation. The alternative is to give prosecutors evidence that they will certainly use while attempting to secure a criminal conviction.
What if I Already Submitted to a Breathalyzer Test?
The issue is that in the heat of the moment, it is challenging to weigh the pros and cons of refusing a Breathalyzer test. Most defendants only conduct legal research after their arrests, and they may not understand the consequences of submitting to these tests beforehand. However, those who have already submitted to Breathalyzer tests can still pursue positive outcomes. With help from a defense attorney, it may be possible to challenge the admissibility of the test results.
Contact The Law Office of Benjamin Greenwald to Learn More About the Legal Implications of Breathalyzer Tests
While online research may help defendants become aware of the various rules and regulations surrounding Breathalyzer tests, each situation is different. Consider speaking with an attorney to determine whether submitting to a Breathalyzer test makes sense. Of course, most people only research this topic when they are already dealing with DWI charges in New York. As a result, the decision to refuse or submit to a Breathalyzer may be in the past. In this situation, it makes sense to focus on the future. Specifically, defendants may want to work with experienced DWI defense attorneys in New York to determine the most appropriate strategies based on their unique circumstances. Continue this conversation by contacting The Law Office of Benjamin Greenwald at (845) 567-4820.
