Articles Posted in DWI Chemical Tests

blood test.jpgOkay, you did it. You were stopped for DWI and refused to take a breath or blood chemical test to determine your blood/alcohol content. What happens next?

At your arraignment, the judge will immediately suspend your driver license, pending a hearing before a Department of Motor Vehicle Administrative Law Judge. The hearing must take place within 15 days after the arraignment/suspension.

At the hearing the Administrative Law Judge will determine if the temporary suspension should be altered to a revocation for one year. This revocation will continue even if you are subsequently acquitted of the underlying DWI charge.

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.

breathalyzer.jpgThe 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)”.

breathe.jpgDWI defense lawyers like myself are frequently asked this question. In the past, the answer was clear. However, with several recent legislative changes, the bright line between taking or refusing the test has dimmed. It is even more critical to have a DWI defense attorney who has extensive background in all aspects of DWI. My 50-year experience in this area is your best defense.

Should I Submit to a Chemical Test if I Am Arrested for DWI in Upstate New York?

If a driver agrees to take the chemical test, the door is left open to plea bargain a misdemeanor DWI down to a traffic infraction of Driving While Ability Impaired (DWAI). Attendance at a Drinking Driver Program would probably be required, and the motorist might be able to obtain a conditional license during the 90-day term of license suspension.