Were you charged with a DWI? Here’s what you need to do: read this article for guidance, then contact our Buffalo lawyer to get started now.
You Can Refuse a Field Sobriety Test
- You are under no obligation to take sobriety tests
- You can take and refuse these tests without any penalty
- Always be cooperative with police but my advice is to not tell the police how much you have had to drink
Should You Take the Breath Test?
- 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.
New York’s DWI Plea Policies
- Every county has a different plea policy on DWIs, and most of the time an offender with a BAC of .13 or lower when there was no accident involved, you could have your charges reduced to a non driving while impaired charge.
- I advise clients that if you have prior driving while impaired convictions or an accident, most district attorneys will not offer a plea and you will sent to trial.
Understand Restricted/Conditional Licenses
- If you attend a DDP program that the DMV offers, they will offer you a conditional license. You will be able to drive to work, drive to school, and you can even have time set to run personal errands.
- I advise clients as a Buffalo DWI Lawyer that if you drive outside these hours or you drive for pleasure to a bar or friends house, you will commit a new infraction and you then could lose your license again.
Have you been charged with DWI? Here’s what you need to do, contact Attorney Arthur Pressman for dedicated legal representation.