At some point during your encounter with the police you may be asked to submit
to a chemical test of your breath to determine whether or not you
are intoxicated or impaired by alcohol. At the side of the road,
you may be asked to submit to a small pre-screening breath test.
This is not the same test as they will ask you to take after you
have been placed in handcuffs. Currently, the law in NYS does not
allow the results of the pre-screening test results to be used against
you at trial since those instruments are not reliable or accurate.
However, the results can be used as a basis to arrest you for DWI.
The decision to take the breath test is a decision only you can
make. Generally, since at this point you have already been placed
under arrest for DWI, you are going to be charged whether or not
you decide to take the test. While you do not have an absolute right
to speak with an attorney prior to taking the test, you do have
a qualified right to an attorney and you should ask the officer
if you could call your attorney before deciding to take the test.
The police are not, however, required to wait for you to speak with
your attorney and any delay could result in the officer deeming
that you have refused to the test.
If you or a loved one is in need of legal assistance, call DerGarabedian
& Associates at (516) 766-1619 or schedule
a consultation and review. The initial
consultation is free of charge.