Legal Question in DUI Law in New York

Re: breath test

You have the right to refuse, but the fact you refused can be used against you in court. You can tell the police you want to have your lawyer present and usually they will let you try to contact your attorney and if he or she can get to the station quickly they will wait. However, if they can not reach the attorney they will deem your test a refusal. In the end if you have been drinking it may not in your best interest to take the test. It is always best to ask to speak with an attorney if the police are taking you into custody and to not answer any questions until your attorney is present. Please feel free to contact my office if we may provide any assistance.

Re: breath test

You can always refuse to take the test without an attorney present,however this" refusal" will result in the suspension of your drivers license.The refusal can also be introduced as evidence in court. That being said a refusal is sometimes better than taking the test and blowing a high BAC. That in layman's terms means it is better to refuse then to be found drunk.For future questions feel free to contact my office @7188340087 for a free phone consultation or visit nydrunkdrivingdefense.com