Steven C. Davidson DUI/DWI Law Blog on Lawyers.com

Breath Test Refusal Information

Tuesday, October 20, 2009 by Steven C. Davidson

Can I Refuse a Breathalyzer Test?

You do have the right to refuse to participate in taking a breath test, which is used to determine your BAC (Blood Alcohol Test). There are several reasons you may want to do this. A breathalyzer can hurt or help your case when you are in court depending on your situation.

If you have not participated in any form of drinking and do not have any medicine containing alcohol in your system then you most likely will want to take a breathalyzer test to assist in proving that you are innocent of a drunk driving or a public intoxication offense. It is important to make sure you have not put any medication into your body that may contain alcohol that will be shown on the test. Many cold, allergy and other common medications can contain alcohol that can register on a breath test. Usually the amount of alcohol in medication is very minimal so there typically is not a problem with interference; however, it is something that can affect the test. There is also the small chance that the breathalyzer could malfunction showing an inaccurate reading of your BAC.

Punishments of Refusing

If you do choose to refrain from the test, which is your right to do so, there are possible punishments you may face, depending on the state you live in, however, according to New York law your license can be suspended until you appear in court, where it will then be revoked for at least a year. You will also have to pay a fine of approximately $500. If you have a second refusal within five years from that first refusal date the fines increase along with the amount of time your license is revoked. These are serious punishments, but they may be less severe than if you are charged with a drunken driving offense.

Contacting an Attorney

While you do have the right to refuse a breath test it may or may not be in your best interest. The best solution is to contact an experienced DUI defense attorney for more information on your legal rights and possible penalties so you can make an informed decision.

Provided by the White Plains DUI Law Offices of:
S.C. Davidson 2 Gannett Drive, Suite 102
White Plains, New York 10604
Toll-Free: 888-376-1259

Posted at 10:42 AM

Topic: DUI/DWI