New York law requires drivers who are pulled over for DWI/DUI in Mineola to consent to a blood, breath, urine, or saliva test. If someone chooses to refuse a chemical test for suspicion of DWI/DUI the DMV can revoke one’s driving privilege for one year regardless of the outcome of any criminal case. However, the arresting officer must have probable cause to believe that the drive has been driving while intoxicated. Even though the arresting officer can choose which test the driver takes, he or she must administer the test within two hours.
Taking the test
Though a driver pulled over for DWI/DUI must submit to a chemical test, he or she then has the right to seek additional tests by a medical professional of his or her choice. If the driver was just involved in a car accident, the officer can ask for a breath test before an arrest. If the results of this test reveal a BAC more than the legal limit, then the officer can ask the driver to submit to additional chemical tests. Even if a driver refuses the preliminary breath test following a car accident, the officer can still arrest the driver for DWI/DUI and ask him or her to take a chemical test.
Refusing the test
If an officer arrests someone for drunk driving, he or she must explain that refusing the chemical test would result in loss of license. However, New York law does not require the officer to explain that refusing the test will result in fines. For example, the first refusal results in fees owed to the state of $500. A second refusal or a first refusal after being convicted of DWI within the last five years results in fines of $750. Though an officer cannot force the test upon a driver, he or she can attempt to secure a court order requiring a blood test.
Contacting a lawyer
A DWI/DUI arrest can have very serious consequences, especially if the incident resulted in injury to other people or property. The best way to avoid or reduce the consequences of a DWI/DUI charge is by seeking help from the DWI lawyers at Schalk, Ciaccio & Kahn PC in Mineola, New York. Our team of nationally recognized DWI lawyers work tirelessly on behalf of our clients charged with DWI and use our experience working as former prosecutors to ensure that our clients’ rights are fully protected each and every step of the way.