The Defense You Need If You Refused To Take A DWI Test
Refusing to take a breathalyzer test or another form of blood alcohol content (BAC) test is more serious than you might think. At James Kleinbaum Attorney At Law P.C., we know this because we have defended hundreds of people from the penalties associated with refusing a drunk driving test. Our founding criminal defense attorney, James Kleinbaum, has more than 25 years of experience representing the people of Chatham and New York state from charges such as refusal to test, driving while intoxicated (DWI) and driving while ability impaired (DWAI).
Understanding How New York Handles Refusal To Test
After a police officer arrests a driver for drunk driving, the officer will ask the driver to submit to a breathalyzer test to determine the driver’s BAC. If the driver has a BAC level of .05 to .07, they will probably be charged with driving while alcohol impaired (DWAI). If the driver has a BAC level of .08 or higher, they will likely be arrested for DWI. If the driver’s BAC level is .18 or higher, they may be charged with aggravated DWI.
Although you have the right to refuse a breathalyzer test, there are criminal consequences for it. Drivers who refuse to submit to a breath, blood or urine test after arrest may be guilty of a refusal to test (sometimes referred to as chemical test refusal). In addition to being arrested for DWI, the driver faces a possible driver’s license revocation of at least one year (for a first refusal).
Aggressively Protecting Your Rights, No Matter Where You Are
If you have been arrested for DWI or your license is in jeopardy because of a refusal to test, contact our experienced DWI defense team. We have the knowledge to protect your rights if you have been charged with refusal to test, no matter which jurisdiction in the state where your arrest occurred. If you work with us, you can expect an assertive defense designed to prevent you from getting a criminal record, keep your driver’s license in your hands and keep you out of jail. Your attorney will accompany you to any court hearings. In every case we accept, our highest priority is minimizing the negative impact that a DWI/DWAI case can have on your life.