Your Rights in Breath Test Refusal
Except in very limited circumstances, you cannot be forced to submit to a chemical test upon an arrest for DWI. You have the absolute right to refuse the test. There are consequences, however, if you refuse to take the test. First, the prosecution will attempt to use your refusal to submit to the chemical test against you at the trial of your DWI case as a consciousness of guilt, the theory being that you refused the test because you knew the result would incriminate you. Second, your license will be immediately revoked, whether or not you are guilty of the DWI, for refusing to take the test. A refusal to submit to a chemical test is considered a separate offense that leads to an administrative hearing before a Hearing Examiner of the Department of Motor Vehicles.
If you have refused the chemical test, you must choose an attorney who has the experience and the skills to fight for you and counsel you through the DWI court process as well as the DMV Administrative process. I have handled many cases which involve a refusal to submit to the chemical test and I can represent you to help guide you through the process. I have developed proven defenses specifically geared to DWI charges involving a refusal to submit to the chemical test.
What Constitutes Breath Test Refusal?
Sometimes the police accurately charge a refusal, as is the case where the accused legitimately refuses the test. As stated above, I have developed proven defenses specifically geared to this type of situation.
Not every accusation of refusal, however, is legitimate. For instance, if the police think you are intentionally blowing softly so that the instrument will not provide a result, you will be charged with a refusal to submit to the chemical test. If you are confused and not sure what to do, or if you are trying to get in touch with family, friends, or an attorney for advice and you end up taking too long, the police may also "count" that as a refusal. I have seen people accused of refusing the chemical test because they were unable to give a proper breath sample due to poor lung capacity, disability, illness or some other reason. I have also seen people charged with refusing the chemical test because the breath testing instrument was not working properly and, therefore, would not yield a result.
Whatever the circumstances of the accusation of a "refusal", at the Newburgh, New York based Dreyer Law Offices, PLLC, I have the experience to fight for you and to guide you through the dual process of the court proceedings on the DWI charge as well as the DMV proceedings on the "refusal".
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Contact my office today to discuss your case. You can reach me directly at any time, day or night. I am available to meet whenever and wherever it is convenient for you.
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