Should you refuse to submit to a chemical test?
When an officer suspects you of a DWI in New York and asks you to submit to a chemical test, it’s difficult to know what to do. On the one hand, if you were driving while intoxicated you risk testing above the legal BAC levels and being charged with a DWI offense. However, if you refuse to submit to the test, you are breaking implied consent laws, so there is a good chance you’ll be arrested anyway.
It’s important to understand that the roadside chemical test is not admissible in court. However, if you refuse the roadside test you’ll be arrested and asked to take another chemical test in the station, which are admissible in court and generally more accurate than the roadside breathalyzer test.
If you do decide to refuse chemical tests, for whatever reason, you will have two charges to fight in court. One is the refusal charge and the other is a Driving While Intoxicated charge in NY. To beat the refusal charge, your attorney must prove that the arresting officer had no probable cause or reasonable suspicion to warrant the traffic stop and the chemical test. However, this is not easy to do, so in many instances, even when people beat their DWI charges they still have their license suspended for the refusal.
Contact the chemical test refusal attorneys in NY
At the Law Office of Richard Hochhauser, we’ve helped many clients in Nassau County beat their DWI and/or chemical test refusal charges. Our attorney has specialized experience in DWI law and understands the complexities of the New York legal system and how to navigate the law on your behalf.
At the Law Office of Richard Hochhauser, we know how important it is for you to beat your DWI charge in NY. That’s why we work passionately and diligently on your behalf and on behalf of all our clients. For a free consultation and case review with a knowledgeable DWI and chemical test refusal lawyer in NY, contact us at (516) 939-1529 or online.