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DWI Tests And The Consequences Of Refusing To Take Them

Last updated on March 8, 2022

When you get pulled over by a police officer in Jefferson County, you will be asked to take any number of tests so the officer can assess your behavior and measure your blood alcohol content (BAC). New York has an implied consent law, which means that any time you get behind the wheel, you automatically consent to any of these tests if an officer believes you are intoxicated.

Some of the tests are:

  • Field sobriety tests – These are likely the first tests that a police officer will ask you to perform when you are pulled over. Field sobriety tests allow an officer to assess your balance, coordination and ability to pay attention. An example of a test you may be asked to perform is the one-leg stand, where you must stand with one foot off the ground and count to 30. Another test requires you to follow a moving object with your eyes without turning your head. Your performance on these tests signals to an officer whether or not you are intoxicated.
  • Breathalyzer – A Breathalyzer is a breath test that measures the BAC in your breath. You will be asked to provide a sample of your breath by breathing into a device. You may be asked to breathe into the device multiple times.
  • Other tests – Based on the results of either the Breathalyzer or field sobriety tests, you can be asked by police to accompany them to a police station for more tests. The most common test you will be asked to participate in is a blood test. The blood test is more invasive and is generally used less often than a Breathalyzer.

Refusal of any of the tests will result in an automatic suspension of your driver’s license, even if you successfully contest the DWI. This why it is so important that you contact a skilled Jefferson County DWI defense lawyer as soon as possible after you have been pulled over. At DeRoberts Law Firm, attorney Jeffrey DeRoberts‘ skill and ferocity in local courtrooms every day provide you with the edge you need to win your case, even if you have refused a DWI test.

DWI Checkpoints In New York

Occasionally, there are DWI checkpoints in Jefferson County. Police officers set up roadblocks on busier roads, and drivers will be randomly selected for screening. This screening must use an objective formula, such as every other car or every third car. Screening involves officers asking drivers questions and observing their behavior. Depending on what the officers see, a driver may be asked to take a Breathalyzer. While DWI checkpoints have been upheld by the highest New York courts, the law requires that police do not unreasonably delay any driver.

Even though the checkpoints are legal, you still have a constitutional right against unreasonable searches by police officers. When you are chosen for screening at a checkpoint, you do not automatically consent to a search of your car. Police officers must follow the law. If a court finds that a search was unlawful, it will throw out evidence collected as a result of that search.

If you were charged with a DWI while stopped at a DWI checkpoint, and your car was searched, you should contact a Jefferson County DWI defense lawyer immediately to determine if your rights were violated. Attorney Jeffrey DeRoberts provides the personal attention you deserve, combing over every detail to discover where your rights have been violated and using passionate defense to win your case.

Powerful DWI Defense Combined With Personal Attention

If you are facing a drunk driving charge, contact the DeRoberts Law Firm today. We are relentless in our defense of your rights. Our legal strength and dedication make the difference when it comes to the harsh DWI penalties in New York. Call us at 315-479-6445, or send an email for a free initial consultation.