New York DWI Evidence
In New York, it is illegal to operate a motor vehicle with a blood alcohol level of .08% or higher. A New York DWI Lawyer can tell you that the law in New York State says that chemical tests of your Blood, Breath and Urine can be requested in DWI cases. The type of test to be given will most likely be at the discretion of the arresting officer. If the arresting officer suspects that the driver is under the influence of drugs, they will probably not order a Breathalyzer Test. Breath testing is used to detect alcohol in a person’s system. Instead, a blood or urine test would most likely be ordered. Blood alcohol testing is a complex area of DWI law. It is important to seek the guidance of a qualified New York Drunk Driving Defense Lawyer from our team to help guide you through this process.Breath Testing
A breath test is often administered at the scene using a portable device, or can be given at the police station. If the test is given at the scene, it is done to help the officer to determine if an arrest is warranted. The most frequently used machine in the state of New York is called the DataMaster. It is important to note that while using a breath test is convenient for the officer, its results are considered somewhat unreliable. An experienced New York DWI Lawyer should know the right questions to ask and challenge the validity of your results. Your New York DUI Attorney from Stephen Bilkis & Associates, PLLC can also tell you that you always have the option to refuse your breath test, but that you can face civil penalties, including the suspension of your license.
When the Breathalyzer Test is given, they will probably ask you to blow into a plastic tube that is attached to the breathalyzer. The machine is designed to analyze your breath and determine your blood alcohol level.Blood or Urine Testing
It is important to know that in New York, you have the right to refuse a blood or urine test, but it is not without consequences. Consequences of refusing these tests can include revocation of your driver’s license as well as an administrative license hearing at the Department of Motor Vehicles.
While the results of these tests are difficult to challenge, your New York Drunk Driving Attorney would likely determine if police procedure was followed. These tests must be performed according to set procedures, and handled with great care. Some individuals report that they felt forced to take the test, and were never given the option to decline. It is vitally important to speak with a skilled New York DWI Lawyer from the office of Stephen Bilkis & Associates, PLLC to ensure that your rights are looked after during every stage of the legal process.
If you have been charged with a DWI, DWAI or an Aggravated DWI or even a Felony DWI, contact the offices of Stephen Bilkis & Associates, PLLC for advice and guidance. A skilled New York Drunk Driving Defense Lawyer from our office can answer the many questions you may have, and develop an aggressive defense strategy to possibly lessen the severity of the charges against you. When you come in, we can provide you with a free consultation. We have offices serving in the New York area, serving Brooklyn, Queens, the Bronx, Staten Island and Manhattan. We also serve Westchester County, and in Nassau County and Suffolk County on Long Island. Contact us today for an appointment at 800.696.9529.