Everything has changed in regard to how to defend a person who has been arrested for DWI in Upstate New York State. It is absolutely critical that you to call a highly experienced DWI lawyer who is on top of all DWI laws.
The major deciding factor in advising a client who has just been arrested for DWI, whether to submit or refuse to take a chemical test, is just how drunk they are. This determination is usually made in the wee small hours of the morning over the telephone when the client calls a lawyer. Few intoxicated drivers will be completely candid with an attorney about the level of their intoxication or how much alcohol they have consumed. In fact, many drivers are unable to remember how much they drank. Frankly, this is not the type of conversation an attorney wants to have with their client when, in all probably, there is a police officer in the room with the client when he calls his lawyer.
This is a delicate situation which requires a highly competent DWI defense attorney to assess the level of intoxication by judging his client’s speech patterns. This is not the time to risk hiring an attorney who isn’t fully knowledgeable in the area of DWI defense. If the lawyer makes a mistake and advises the motorist to refuse the test, he subjects his client to the whole range of potential penalties mentioned in “(Part I)”.