Are You Required To Take A Breath Test?

Being pulled over by a cop is always a nerve-wracking experience, especially if they suspect you are driving while intoxicated. If an officer asks you to take a breath test, what should you do?

Like every other state, New York has a law called "implied consent," which means that every time you drive, you are automatically consenting to chemical testing if you are suspected of drunk driving. In New York, the consequences of refusing a breath test are severe. You might have your license revoked and be forced to pay a $750 driver responsibility assessment. Additionally, the refusal will remain on your driving record and can be used against you in the future by the Department of Motor Vehicles.

Taking A Test Does Not Mean Accepting Charges

Many people worry that a DWI is inevitable if a breath test reveals high intoxication levels. However, you should keep two things in mind:

  1. Portable breath tests are less accurate than tests done in a lab at the police station.
  2. Results can always be challenged in court, and portable test results might not be used.

Because breath tests are prone to error, a lawyer can argue against the results to have them dropped as evidence. In some instances, the portable test results may not be used at all if the results at the lab prove more accurate. Additionally, the results of portable breath tests are generally not admissible in Brooklyn, Staten Island, and Queens. They may be admissible in New York and Bronx counties; this is because the appellate courts having jurisdiction over these boroughs are different and thus the law varies slightly.

You have the right to make your own decisions regarding breath tests, but keep in mind that refusing could lead to consequences beyond DWI charges.

I Will Answer All Of Your DUI Questions

I am attorney Scott G. Cerbin and I will help you understand your rights when it comes to DWIs. I have over 15 years of experience fighting against DWI and DUI charges. I can help you protect your future.

To speak with me in a free consultation, please call 718-509-6514 or fill out my short online contact form.

I am located in Brooklyn, but I work throughout Richmond County, Staten Island and the surrounding areas of the five boroughs.