Defending the Chemical Test
Upon an arrest for DWI, the arresting officer will likely ask you to submit to a breath test, or a blood test, to attempt to measure the content of alcohol in your blood. These tests will yield a result (called Blood Alcohol Content) which the prosecution will rely upon when prosecuting the case against you. The results of the test, and the instruments and methods used to achieve the result, are not foolproof and your attorney must be skilled in challenging these tests. I have the experience to challenge these tests on your behalf. I can advise you whether the results seem valid and not subject to attack, or invalid and subject to attack.
At the Newburgh, New York based Dreyer Law Offices, PLLC, I offer my clients over 15 years of experience in DWI law. I spent the first four years of my career as an Assistant D.A. in the Orange County District Attorney's office. I prosecuted many different types of cases, including many DWIs and related offenses. My experience makes me a strong advocate in your defense.
Refusal to Submit to a Chemical Test
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.
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