New York has implied consent laws that require motorists to take a blood alcohol concentration (BAC) test if there is reasonable cause for testing. The laws are called implied consent laws because when you drive on the roads within the state of New York, you provide implied consent to law enforcement to confirm through testing that you are not driving under the influence of alcohol.
However, while you cannot lawfully refuse a breathalyzer with probable cause when you are under arrest, this does not mean that you need to submit to every kind of testing that police want you to submit to. If you are asked to take field sobriety tests, for example, you can generally refuse a field sobriety test without committing a crime in your refusal.
It is important to understand the implications associated with refusing to take a field sobriety test. You also need to understand exactly what your rights are when it comes to drunk driving accusations. NY Traffic Firm can provide you with representation if you have been accused of impaired driving, if you are under arrest or if you have been officially charged. Just give us a call to find out how our legal team can help you.
You don’t have roll over, pay the citation and be done. Over-eager traffic enforcement intermingles with errors every day. Always be ready to fight back. The odds are in your favor when you work with NY Traffic Firm.
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New York laws do not require you to submit to field sobriety tests, which are tests like walking in a straight line or following a pen with your eyes. While these field sobriety tests are often seen by police as a useful way to determine if there is probable cause of intoxication, they are often a no-win situation for drivers. You may perform poorly on the tests for any number of reasons, including nervousness about your encounter with the police. The evidence that you performed badly on these tests could also be used to help strengthen the prosecutor’s case against you.
While you do not have to submit to these tests and can refuse a field sobriety test, this could potentially result in your arrest if a law enforcement officer believes there is probable cause of intoxication. If you are arrested, police cannot compel you submit to a warrantless blood test. However, you can be required to take a Breathalyzer test with probable cause. If you refuse to take a BAC test, you could face penalties associated with this refusal under New York’s implied consent laws. These implied consent rules make clear that when you drive on New York’s roadways, you give consent to have your BAC tested as long as your constitutional rights are not violated by an unlawful traffic stop or illegal search.
If police violate the rules when it comes to stopping your car or demanding you submit to field sobriety tests or a breathalyzer, any evidence collected in violation of your constitutional rights cannot be used against you in court.
Do not allow your license to be lost and your freedom to be at risk without getting proper legal help from a compassionate and knowledgeable New York drunk driving attorney. You need to decide on the best legal strategy to take if you have been accused of committing a crime related to drunk driving, so you should reach out to NY Traffic Firm as soon as possible. Our legal team will evaluate the evidence against you, help you to prepare arguments related to your decision on a DUI field sobriety test and assist you in finding the best way to fight charges.
To find out more about how a New York drunk driving attorney can provide you with help in responding strategically and assertively to accusations of impaired driving, give us a call today.
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