What You Need To Know About Sobriety Tests
Sobriety tests, whether in the form of a field sobriety test or the more common breath test (a k a Breathalyzer) are a hot topic in the DWI defense field. There is a lot of misinformation out there, so it is important to understand your rights if you are pulled over.
At the law firm of Hobika Law Firm, we have extensive experience softening the blow of DWI arrests for people in Utica and surrounding communities. If you are facing DWI charges, you need our tenacious representation on your side.
We realize you may be visiting this page AFTER a DWI arrest or after you have refused to submit to a sobriety test. It is still important to have an attorney to navigate the remainder of the legal process and minimize penalties.
What Is A Failed Test?
If any roadside test (breath, blood, urine or saliva) determines that you have a blood alcohol concentration above .08, you are considered to be legally guilty of DWI.
What Does The Law Require?
In New York, you are required to submit to a blood, breath, urine or saliva test if you are arrested on suspicion of DWI or if there is probable cause to suspect you are under the influence.
What If You Refuse To Take The Test?
It is your right to refuse the test, but taking that route comes with severe consequences. Due to implied consent laws, refusal to submit to a field sobriety or breath test is treated like an admittance of guilt. If you refuse the initial test and an officer has reasonable suspicion that you are under the influence, he or she can arrest you and require you to take a chemical test in police custody.
The penalties for test refusals are as follows:
- One-year driver’s license suspension for a first offense
- 18-month driver’s license suspension for a second offense
- 18-month driver’s license suspension for a third offense