Man who refused a Breathalyzer test arrested for aggravated DWI

Numerous traffic and drunk driving arrests were made during the weekend of Oct. 18 through Oct. 20 in the Hamptons and nearby towns. Some of the arrests were made by the Southampton Town Police and some by the New York State Police. In one case, a 35-year-old male of Riverhead was arrested in Riverside on Oct. 20 on a felony drunk driving charge. Not only was he driving without a driver's license but he also refused a Breathalyzer test, according to police.

Police say he was operating a 1998 Pontiac on Maynard Street at about 1:45 a.m. when they spotted him swerving between lanes and driving on the shoulder of the road. He also failed to signal a left turn. After stopping him, police reported that he smelled strongly of alcohol, had slurred speech, bloodshot eyes and was unsteady on his feet. These are all signs reportedly observed by police that combine to give them probable cause of drunk driving and allow them to proceed further in testing and interrogating the suspect.

He reportedly flunked a field sobriety test and then refused a Breathalyzer test. He was arrested and charged with aggravated DWI and DWI. He is also charged with refusing to submit to a test, along with traffic violations of improper turning, failing to maintain a lane and moving lanes unsafely. He apparently was driving with a suspended license or with no license, as police charged him with the unlicensed operation of a motor vehicle.

New York defense counsel will first have to learn all of the details of the surrounding circumstances and such facts as where he had been, where he was going and the details of his apparent drinking activities. The fact that he refused a Breathalyzer test resulted in a separate charge and also results in an automatic driver's license revocation. Because he was charged with the unlicensed operation of a motor vehicle he may have serious repercussions regarding obtaining a driver's license in the future. Defense counsel will evaluate all of these complications and discuss with him the best way to deal with the charges under the circumstances.

Source: Westhampton-Hampton Bays, NY Patch, Man Arrested on DWI Charge After Near Collision, Cops Say, Matthew McGevna, Oct. 22, 2013

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