There are significant ramifications after one is charged or convicted of a New York DWI criminal offense. These cases can impact a person’s rights in many ways, including, fines, surcharges, loss of driving privileges, probation and jail and pose serious reputational, financial, and familial issues. Individuals who face these charges should consult with an attorney to discuss their rights and defenses.
New York Vehicle and Traffic Law (VTL), provides that individuals stopped by police for suspicion of driving while ability impaired by drugs (DWAI) or driving while intoxicated (DWI) will be asked to submit to a chemical test to determine the content of alcohol in their blood, breath or urine. These tests typically involve both a field breath test and a chemical breath test at a police station. The law allows motorists to refuse these tests, however, if they are arrested and refuse a properly requested chemical test their driver’s license will be immediately suspended and if after a hearing an Administrative law Judge finds that a properly requested breath test was refused, DMV will revoke the driver’s license for a minimum of 1 year. Drivers who have been stopped or accused of DWI often struggle to decide if they should comply with a test, and if so, which one.
New York state law breath analysis tools measure an individual’s blood alcohol content (BAC) and must be approved by the state’s Department of Health. The breathalyzer an officer uses must be on the approved list of devices, however, these devices like any other instrument may be prone to defects.