Nearly every Rochester driver stopped on suspicion of DWI will be asked to submit to a breath test to determine his or her blood alcohol content.
If a driver does not submit to the breath test, he or she will face penalties for refusing the test, even if any drinking and driving charges are ultimately dismissed.
Some people may think that requiring a driver to take a breath test or face penalties for refusing to do so is a violation of the driver’s rights.
Under New York’s “implied consent” law, however, this is not the case.
New York’s implied consent law states that any person who operates a motor vehicle in New York State is deemed to have given consent to a chemical test of his or her breath, blood, urine, or saliva, for the purpose of determining the alcoholic and/or drug content of the blood.
In other words, by the mere act of driving in New York State, a driver is presumed to have consented to taking a breath test at the direction of a police officer when there are reasonable grounds to believe the driver is operating under the influence of alcohol or drugs.
As a result, a driver stopped for DWI is required to submit to a chemical test.
While he or she usually will not be forced to do so unless an accident occurred involving serious injury or death, the driver may be penalized for refusing to submit to the test.
The penalties for refusing the breath test include a substantial fine and a revocation of driving privileges.
Anyone arrested for drinking and driving should have an experienced DWI lawyer who understands the law surrounding his or her case.
If you need an experienced lawyer, call us at 585-484-7432.
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