If you are pulled over for a suspected driving while intoxicated in Northport Village, New York, you could be facing a felony and very serious jail time and fines.  Anytime you are pulled over for allegedly driving while intoxicated, you have two basic choices: (1) Whether or not to agree to take a breathalyzer test; or (2) do not agree to take a breathalyzer test and take a field sobriety test.

Should I agree to take the breathalyzer test?

It depends.  If you have a prior DWI or DUI within the past ten years and you have had any alcohol in the last hour, you probably should refuse to take the breathalyzer test.  Once the police officer asks you to take the test, you should politely, but firmly, tell the police officer that you want to speak with an attorney before answering any questions and then sit quietly in your car.  You have an absolute right to refuse to take a breathalyzer test.

If you refuse to take the breathalyzer test, the police officer will then ask you to take a field sobriety test.  You have a right to refuse to take this test as well.  The police officer may threaten you with jail time and all sorts of consequences, but, again, simply tell the police officer that you want to speak with your attorney and just sit quietly in your car. The police officer must allow you to call your attorney.

What are the consequences if I refuse to take the breathalyzer test?

The first consequence is that most likely you will be arrested.  Most likely, you were going to fail the test anyway, so you were going to be arrested either way.  The second consequence is that your driver’s license will be revoked for at least one year.  However, there are ways to challenge the revocation and you would still be able to drive to work.

When should I agree to take the breathalyzer test?

If you have never been convicted of a DWI or DUI, and you are absolutely sure that in the last four hours you only had 2 or 3 alcoholic drinks, then your blood alcohol level should be less than .08%.  In that situation, you can agree to take the breathalyzer test. If you take the test, you should still refuse to take the field sobriety tests.


In summary:

Never take the field sobriety tests.  If you have been convicted of a DWI or a DUI, then also refuse to take the breathalyzer test.  If you have never been convicted of a DWI or a DUI, and you are absolutely sure that in the last four hours you only had 2 or 3 alcoholic drinks, then you can take the breathalyzer test.

Once a police officer asks you to take a breathalyzer test, you should tell the officer that you want to speak to your attorney.  Then call your Northport Village criminal defense attorney. If you get pulled over for a DWI or a DUI in Northport, New York, call David Badanes and the Badanes Law Office at: 631-239-1702.  The Badanes Law Office is located 1 mile from the Northport Village Court at 842 Fort Salonga Road (Route 25A), Northport, New York.  You can also email Mr. Badanes at david@dbnylaw.com.

Northport neighborhoods that we serve: Fort Salonga, Eaton’s Neck, Asharoken and East Northport

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