Brooklyn Criminal Defense Attorney - Brooklyn DWI Lawyer

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New York, NY 10018


Queens DWI Breathalyzer Refusal

Can I Refuse The Breathalyzer?

Under New York Law a driver has the right to refuse a physical coordination test and a Breathalyzer test. However, if a driver does that, he will face a once year suspension of his driver’s license and the refusal may be used against him at trial. With this in mind, over 90% of people charged with DWI in Queens will follow the police officer’s request and take the breathalyzer test.

These machines are notoriously inaccurate, but they offer the prosecution a powerful tool when it comes time for trial. The refusal is usually captured on videotape that is running once the driver has been brought into the Intoxicated Driver Testing Unit room. This room is equipped with a camera and two Breathalyzer machines.

Usually an officer from the NYPD Highway Unit will conduct the Breathalyzer test and conduct the coordination tests. These tests include standing on one leg, touching your nose and walking a straight line. The instructions are usually given very fast in an effort to confuse the driver. If you have been charged with a DWI in Queens, New York, contact The Law Offices of Michael S. Discioarro, LLC at 917-519-8417 and let us fight for you.