New York Breathalyzer
A New York Breathalyzer Lawyer can tell you that in New York, refusing to take a Breathalyzer test is not an actual crime. However, because of the legal principle of Implied Consent, refusal to take a Breathalyzer test can cause you to lose your driver’s license and face harsh penalties. If you have been asked by law enforcement to take a Breathalyzer test and have refused, or believe that your Breathalyzer test results were inaccurate, it is important to speak with a qualified New York Drunk Driving Defense Lawyer from Stephen Bilkis & Associates, PLLC for advice and guidance.
It is important to be aware that when your first apply for your driver’s license, you agree to take a breath test if you ever are suspected to be Driving While Intoxicated. If you refuse to take this test after you have been requested to do so by police, your refusal can cause the revocation of your driver’s license for a period of one year and you could receive a large fine. If you have previously refused to take the test, or have a prior DWI conviction within the past five years, you can lose your driver’s license for 18 months and you could receive a $750 fine.
Police must have Probable Cause to ask you to take the test in the first place, and you must be given the opportunity to change your mind if you first refuse. A New York DUI Lawyer can explain that most Sheriffs and local police use a Breathalyzer device called the Datamaster DMT, which relies on infrared testing. Most state troopers on the other hand, use a device called the Drager Alcotest, which uses both infrared testing as well as fuel cell testimony.
A skilled New York DWI Lawyer from Stephen Bilkis & Associates, PLLC can explain to you that many different factors can skew Breathalyzer test results. Breathalyzer test results are not perfect, as they are merely an estimate of the person’s blood alcohol content (BAC). A machine error can occur, as these machines are sensitive and need to be properly calibrated. The officer giving the test must be properly trained in order to use the machine correctly. A person who is on a low carb diet, or who has diabetes may also receive an incorrect reading, as these conditions create a high level of ketones in the blood. Also, contamination from food, gastric reflux, and even the use of dentures can affect results and prevent an accurate reading. If you have received a Breathalyzer reading, it is important to obtain the advice and counsel of a qualified New York Breathlyzer Lawyer. A good lawyer may be able to cast doubt on your test results through the use of toxicologists and pharmacologists.
If you have been charged with a DWI or DWAI, contact an experienced New York Drunk Driving Defense Lawyer from the office of Stephen Bilkis & Associates, PLLC. Our dedicated attorneys can help create a defense strategy that could help minimize the penalties you may face. Whether you have been charged with a Felony DWI, Aggravated DWI, or have been charged with a DWAI offense, we can help. When you come see us we can give you legal advice and a completely free initial consultation. We have offices located throughout the New York area, serving Manhattan, Queens, the Bronx, Brooklyn and Staten Island. On Long Island, we have offices in both Nassau County and Suffolk County. We also have offices in Westchester County. Contact us without delay at 800.696.9529.