Blood Alcohol Tests
DWI Attorney Buffalo NY
If you are stopped in New York and are suspected of driving under the influence of alcohol, the officer might ask you to take a blood alcohol test. In New York, this typically will consist of a breathalyzer test, but it could also be a blood, urine, or saliva test. The purpose of the test is to determine your Blood Alcohol Content (“BAC”) – essentially the percentage of alcohol in your blood. In New York, driving with a BAC above .08% will lead to a DWI charge.
You might be wondering what your options are when an officer in Buffalo asks you to take a blood alcohol test. Buffalo is very strict with their alcohol regulations across the board, and this no tolerance mindset carries over into the blood alcohol testing procedures and policies. In New York, an officer has “implied consent” to require you to submit to a chemical blood alcohol test if he has probable cause that you were operating the vehicle under the influence of drugs or alcohol. Essentially, if you drive a vehicle in New York, you are impliedly consenting to any chemical tests should an officer suspect you are intoxicated.
Blood alcohol testing in New York usually is usually performed in two different stages: a pre-arrest “breath test,” also known as a “portable breath test” (“PBT”). This test can be administered if there is probable cause you were driving while under the influence of drugs or alcohol. While PBTs are less reliable and less accurate than the testing performed at a police station, they typically cannot be used against you in a DWI trial. More in-depth tests of the officers choosing will be administered after your arrest at the police station. You then have the right to request an additional test, to be administered by the physician of your choosing.
Now, you have the right to refuse to take any chemical tests in New York. However, such refusal is accompanied by harsh penalties. Because chemical tests are very important for the prosecution’s DWI case against you, refusing to take the tests results in an immediate One (1) year suspension of your Driver’s License. If you have refused testing or have a previous DWI conviction within the past Five (5) years, you will lose your Driver’s License for Eighteen (18) months. If you refuse testing and have had two prior DWI convictions or two refusals within the past Five (5) years, you can permanently lose your Driver’s License. It is imperative to contact an experienced Buffalo DWI Lawyer if you have refused a breath test.
Typically, the officer must warn you that your Driver’s License will be suspended for an entire year if you refuse to taking the blood alcohol tests in New York. Further, if you do refuse testing, you will also have to pay fines of approximately $500 ($750 for your second refusal or if you have had a DWI within the past Five (5) years).
Skilled Buffalo DWI Lawyer Helping with Blood Alcohol Tests
If you or a loved one has been charged with Driving While Intoxicated, have questions about New York’s blood alcohol testing laws, or would like other alcohol-related legal assistance, call us today for a FREE consultation. Our highly skilled DWI Attorney in Buffalo NY will zealously advocate for your rights.