Have you been arrested in New York for driving while under the influence of alcohol or drugs? If so, you were asked to take a chemical test. The law in our state expects drivers, under implied consent, to submit to these chemical tests in order to determine how much alcohol or drugs are in their system. If you don’t take the chemical test, this is called a “refusal.”
Whether or not you took the chemical test, you will need the help of a lawyer to defend you against this charge. Read on to learn more about what a refusal is and what to expect after refusing a chemical test, and contact the Law Firm of Gianni Karmily for legal representation.
What Is A Refusal?
In some cases, a law enforcement official may subject you to two different tests after pulling you over for driving under the influence of drugs or alcohol. First, you might be required to take what is referred to as a portable breath test. This portable breath test can assess the breath in your exhale to see if you have consumed any alcohol. In order to determine a more accurate and precise amount of alcohol in your system, you will need a chemical breath test, often referred to as a breathalyzer, which will determine your blood alcohol content. In some situations, you may also be requested to submit a blood, saliva or urine test. This is sometimes used to test the amount of alcohol, but is more often used when the driver is suspected to be under the influence of drugs.
A New York driver is technically under no obligation to submit to field sobriety tests; however, If you decline to take field sobriety tests, it could be used against you in court on a DWI case. If you don’t take a urine, blood, saliva or breath test, this comes with serious penalties.
Is It A Criminal Charge To Refuse A Chemical Test?
Refusing to take a chemical test will almost certainly lead to criminal charges and you will be required to go through a hearing with the New York State Department of Motor Vehicles. It’s best to consult with a lawyer if you are faced with this situation.
If you have refused a chemical test, are facing criminal charges and need to attend a New York State Department of Motor Vehicles refusal hearing, contact the Law Firm of Gianni Karmily right away to have a trusted legal advocate by your side.
What Happens At A Department Of Motor Vehicles Hearing After Refusing A Chemical Test?
At the DMV hearing, a law enforcement officer must be able to prove a few key components of your case.
First, the law enforcement officer must be able to prove that there was reasonable suspicion to believe that you were operating your vehicle under the influence of drugs and/or alcohol. They are also required to prove that there was probable cause present to make your lawful arrest. Additionally, they have to prove that you were given adequate warning that a refusal would result in the revocation of your driver’s license for at least a year. Last but not least, the law enforcement officer is also required to prove that you did, in fact, refuse the chemical test.
If your lawyer can successfully challenge any of these claims, you have a chance at winning your case. Never run the risk of defending yourself against allegations of this nature, and schedule a consultation with a Hempstead criminal defense attorney as soon as you have been arrested. With the help of a Nassau County, Long Island criminal defense lawyer such as Gianni Karmily, you can present evidence that challenges the state’s case. With the help of a lawyer, you can create a case that casts doubt on the state’s accusations against you, but without the help of a lawyer, this can be incredibly difficult.
Schedule A Criminal Case Evaluation With Gianni Karmily If You Have Been Arrested For (DWI) Driving While Intoxicated In New York
Have you been accused of driving while under the influence of alcohol or drugs in New York? It is possible to fight these charges as long as you are represented by an experienced Nassau County, Long Island criminal defense attorney. Never gamble with your future, and always consult with a lawyer instead of defending yourself against criminal allegations. A (DWI) Driving While Intoxicated charge has serious consequences that can change your life forever.
Seek legal representation from driving while intoxicated attorney Gianni Karmily as soon as possible after your arrest. Gianni can carefully analyze the evidence, look for flaws in the state’s case, and fight for your freedom. The sooner you call, the sooner you can start developing a strong defense on your case.