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Breath and Blood Tests

Rockland county Breath and Blood Tests

Showing Faults in Law Enforcement's Testing Methods

If you are stopped by a police officer in Rockland County who suspects that you are driving while intoxicated or impaired from drugs, you may be asked to perform field sobriety tests, which may include a breath-screening test for the presence of alcohol in your system.

If you are arrested, you will be asked to take a chemical test to measure the blood alcohol content in your system which may result in being charged with a DWI or DWAI, depending on the circumstances. In either event, you have the right to contact me as a Rockland County DWI lawyer before you consent to take a chemical test.

Because breath tests may occur twice with different instruments, you may be confused at the time of the incident into thinking you have already had a breath test prior to your arrest and refuse to take the "chemical test" which occurs at the police station.

Refusing to Take the Tests

If you refuse to take a chemical test, your driving privileges will be suspended at arraignment pending a further hearing at the New York State Department of Motor Vehicles.

At a chemical test refusal hearing, if you are found to have refused to submit to a chemical test:

  • Your driving privileges will be revoked for one year
  • You will also be required to pay a civil penalty of $500.00
  • You'll have to pay a driver's responsibility assessment of $250.00 a year for three years
  • Second offenses of refusal to take a chemical test will result in a loss of your license for 18 months and a civil penalty of $750.00

These penalties and fines are separate from and in addition to any penalties or fines following a conviction in criminal court. Also, the refusal to take a chemical test can be used against you at trial as evidence that you were intoxicated in any criminal proceeding

If the arresting officer suspects that your driving has been impaired by drugs, you generally will not be asked to take a breath test as breath testing only detects the presence of alcohol. You may be required to take a blood test in this case. In these cases, the blood test will be administered at a facility where proper procedure must be followed in the taking and analyzing of blood in order for it to be submitted as evidence.

In any case of alleged drunk driving or drug-impaired driving, you should consult me as a Rockland County DWI attorney as early as possible so that I can begin investigating your case and devising a defense strategy on your behalf.

Contact the Rockland County DWI Lawyer at the firm today if you have been arrested for an alcohol or drug-related DWI or DWAI in Rockland County.

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