Buffalo DWI Attorney Discusses If You Should Take the Breath Test

I was recently asked by a client as a Buffalo DWI Attorney if pulled over by the police, should they take the breath test.  You can actually refuse several types of roadside tests in New York State if you believe you are intoxicated (you must always provide the officer with your license, registration and insurance).

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  • You do not have to answer about how much you have had to drink or where you were drinking. You should advise the police officer that you will not answer that question.
  • You are allowed to refuse field sobriety tests, and are under no obligation to take them with no penalty.  This will prevent the officer from gathering evidence which could hurt your case.
  • You can refuse to take an alco sensor test at the side of the road.  It is a traffic infraction to refuse, but is not a criminal test.  However, when you are back at the station, I tell most clients as a Buffalo DWI Attorney that this is hard to answer and depends on how much you had to drink, when you drank, and if you have had prior alcohol offences.  If you refuse to take a breathalyzer tests back at the station in NYS, the DMV will impose sanctions on top of any conviction you will receive.  They will  impose a one year revocation of your license for a refusal of that breath test.

If you have refused the breath test in New York State when pulled over for DWI, contact Attorney Arthur Pressman to be your ticket to justice!

This short informational video was brought to you by Arthur Pressman, an experienced Buffalo DWI Attorney.

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