New York man suspected of DWI refused a Breathalyzer test?

Being accused of a DWI can have a devastating impact on one’s life. The punishments associated with such a crime range from fines to potential incarceration. Some New York residents may have refused a Breathalyzer test in these types of situations, but the consequences of doing so can be even more dire. A man who was recently suspected of driving while intoxicated would not subject to any sobriety testing, which may determine punishment if he is found guilty.

The man in question was reportedly driving a van with four passengers, including one who was underage. In the early morning hours on the day of the incident, the van allegedly rammed into a fence and then struck the vehicle of a police officer who reported to the scene. Officers say that all five of the people in the van had consumed alcohol and were also in possession of marijuana. The driver reportedly would not subject to any sobriety tests, including a Breathalyzer.

The driver is now facing several charges including felony DWI and numerous misdemeanors. The other occupants in the vehicle are facing charges as well, such as unlawful possession of marijuana and open container. All of the accused are being held in a local jail as they each await their day in court.

When one is accused of DWI here in New York, he or she still has every right to a fair trial. Since the man in this story purportedly refused a Breathalyzer test, it is possible that his license is now suspended. This incident may impact every area of his life and have a negative affect on his future. Anyone in his situation may benefit from fully understanding all applicable laws relating to these charges so that those accused can take steps to have their rights honored.

Source:, "Five arrested after van rams into fence, police car outside of Cayuga Nation facility", Greg Mason, May 12, 2014

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