2 New York men refused a Breathalyzer test, licenses revoked

Many different circumstances can happen in the state of New York when one is accused of driving under the influence, but what happens if someone refused a Breathalyzer test? If a standard field sobriety test is given and the person fails it, a Breathalyzer is typically used to determine whether or not the person was driving intoxicated. In addition to a breath test, a blood test may be given to determine sobriety. If these tests are failed by the accused, there are different penalties one will likely encounter -- depending on the severity of intoxication. Of all the possible scenarios, citizens may find that the harshest outcome may follow someone who refused a Breathalyzer test entirely.

Two New York drivers know exactly what can happen when a breath test is refused, and the outcome was not good for them. As it turns out, even if you are not proven to be intoxicated, if someone does not agree to a Breathalyzer test they may still face harsh penalties. Not only will one have the possibility of fines or jail time, refusing a Breathalyzer means automatic driver's license revocation.

The two drivers who were arrested on separate offenses were immediately taken to the police department after their separate run-ins with the law. One of the men, a 41-year-old man, was allegedly found after his vehicle crashed into a ditch. He would not take a Breathalyzer test and was charged with DWI. The other man, a 38-year-old was stopped for what may have been a traffic violation and also declined to take a Breathalyzer test when police asked him to take one. Similarly to the first man, he was charged with DWI.

After being taken to the New York police department, both of the drivers were eventually released until their court appearance. Until then, both drivers are left without the ability to drive as a result of their driver's licenses being revoked. Depending on their occupations, this may be a serious disadvantage to both of the men. Until their court date, it may be beneficial to become educated on the statutes related to situations when someone has refused a Breathalyzer test.

Source: buffalonews.com, Deputies charge two drivers with DWI, No Author, Feb. 9, 2014

No Comments

Leave a comment
Comment Information
Karen A Friedman, Esq BBB Business Review Visa Master Card American Express Discover Network

Karen A. Friedman
30 E 33rd Street, 4th Floor
New York, NY 10016
Phone: 845-266-4400
Phone: 212-213-2145
Fax: 212-779-3289
Map and Directions