DWI 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.