Legal Question in DUI Law in New York

dwi/said test refusal!

was pulled over for inadequate lights.admitted having 7 drinks.station was processed.asked by second officer to take breath test.i blew was told harder.test screen said incomplete did sub refuse test? cop pushed no.accused of playing games!asked officer if he pushed no and he said yes. then i did not refuse!asked instructions constant beep/ten secs.constant beep about six secs all i could do!counted w fingers on video!told a refusal! asked for super told busy! asked for blood test no comment! hoping i was still recorded, told cops they did no field sob!then asked abc c-q cop said good job! can i request copy of video?is a refusal a charge? nothing about it in documents when released 2 hrs later.should i mail in inadequate light ticket to take it from the da dropping as part of a plea?i got a .12 in 2/1998 plead guilty first app.not making that mistake again!possible to get plee of dwai? how do i fight the refusal if that is the case?should i get eval b4 first appearance no issues just stupid!


Asked on 9/20/08, 1:37 pm

2 Answers from Attorneys

Robert Evans Robert S. Evans esq.

Re: dwi/said test refusal!

Visit nydrunkdrivingdefense.com. and then contact my office@7188340087 to discuss the specifics of your case. I can not evaluate the real problem without more info.

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Answered on 9/26/08, 4:15 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: dwi/said test refusal!

A refusual by law permits the court/dmv to suspend your license for one year. However, the lack of evidence makes it rather difficult for thm to ascertain an exact number for your blood alcohol level... this making it potentially possible for the DWAI.

I would suggest hiring a good attorney to handle your case to ensure youre potentially able to get the DWAI.

Our office handles many such cases, please feel free to contact us for a free consultation. you may reach us at 877.2BYEDWI (and pushing the option to speak to our head attorney carlos gonzalez) or calling us at 212.709.8303.

we look forward to assisting you in your goal of getting a DWAI, or better!

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Answered on 9/20/08, 11:42 pm


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