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Refusing A Test

Your refusal cannot be used against you in court but you can be fined for it. Driving under the influence, is widely defined as using a motor vehicle while affected by drugs or alcohol. The state of New York has a zero-tolerance policy toward offenders under the age of 21. New York DUI laws also contain an informed consent clause that requires all drivers to submit to field sobriety testing. Here is more information on the New York DUI law.

A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation and must pay a $300 civil penalty ($350 for a driver of commercial vehicles) to apply for a new driver license. You must contact me before you say anything to a member of any police department. This is the time where anything you say can be used against you.

There are three common field sobriety tests that are given by police officers when they suspect you have been driving after drinking; these are known as the walk and turn, the one leg stand, and the horizontal gaze. In addition there are chemical tests of breath and blood. Non-chemical field sobriety tests are subjective and are designed to provide probably cause for the officer to arrest you

Get information about the state's DUI laws and repercussions by speaking with me. As a sole practitioner I am aware of state laws and can outline to you the possible penalty depending on a case's severity.

Review the stepped-up penalty process for DUI violations under New York state law. DUI violators with 2 counts on their record can have their vehicle confiscated until they have gone through assessment and treatment. New York State law provides strict penalties for first-time offenders. County and circuit court judges have the leeway to sentence initial DUI offenders to a year in jail and revoke their licenses for a minimum of six months.

If the officer places you under arrest for drinking and driving, do not answer any questions until I am present.

For any legal questions you may have or if you feel your rights have been violated then contact me immediately.