INSIGHTS

Home > Case Studies > DWI > Use of Chemical Tests in New York DWI Cases

Use of Chemical Tests in New York DWI Cases

by | Oct 17, 2022

Chemical tests play a major role in DWI cases. Critically, there are typically three tests used in New York DWI cases to determine an individual’s blood alcohol content: blood tests, breath tests, and urine tests. While portable breath tests are commonly administered during a traffic stop, these tools are used by police officers to ascertain whether the level of impairment justifies an arrest. The other types of tests — including breathalyzer tests — are generally administered at the police station.   

What Happens if You Refuse a Chemical Test?

Since chemical tests can be used to secure a drunk driving conviction, many people might refuse to submit to one in the hopes that the lack of evidence will favor them at trial. However, it’s important to understand that refusing a chemical test can come with serious penalties, including a license revocation of 12 months. A second refusal within five years can lead to loss of license for 18 months. You can also incur a substantial monetary fine.    

If you refuse to consent to provide a sample for a chemical test, you have the right to appear at a refusal hearing. This hearing is conducted by the New York State Department of Motor Vehicles within 15 days of the arrest and is separate from the court case. An administrative judge will review the facts of your case and the refusal to determine whether you have violated New York’s implied consent laws.  

Are There Valid Reasons for Refusing a Chemical Test?

The officer who arrests you must clearly inform you that your license will be revoked if you refuse a chemical test. If they fail to do so, you may be able to have your license privileges restored — or the charges in your case may be dismissed. However, it’s important to understand that there are some circumstances under which you might have a valid reason for refusing to take a breathalyzer test. These can include the following:

  • Improper or insufficient instructions regarding how to blow into the breathalyzer
  • Medical conditions that can prevent you from providing enough air for an accurate test
  • Denial of your Sixth Amendment right to counsel    

As set forth in the holding of People v. Gursey, a defendant in a DWI case has a limited right to seek counsel before responding to a request for a chemical test. Police typically cannot prevent the accused from communicating with their lawyer, either in person or by telephone. If this right is violated, the scientific evidence from the chemical test may be suppressed.                                                                                                                                             

How Can Chemical Tests Be Challenged in Court?

If a chemical test revealed that your BAC level was over the legal limit, an experienced criminal defense attorney will know how to challenge the results in court. As an initial matter, the arresting officer must have probable cause to stop your vehicle and administer the test. If probable cause cannot be established, the case may be dismissed.      

A chemical test can also be challenged scientifically. These tests can be inaccurate and lack reliability due to a variety of factors, including improper testing procedures, improper calibration, timing, medications, and certain health conditions. Products such as mouthwash and chewing gum can also produce flawed results. 

Additionally, if you are arrested for a DWI, you are placed in police custody. Before subjecting you to interrogation, police must read you your Miranda rights. Any evidence gathered in violation of these rights may result in the statements obtained being inadmissible in court.

Contact an Experienced New York Criminal Defense Attorney

If you’re facing DWI charges, it’s essential to have a DWI defense attorney on your side to protect your rights. The criminal defense attorneys at D’Emilia Law provide reliable representation and aggressive advocacy to those who have been arrested for DWI offenses and strive to obtain the best possible results in their cases. To schedule a consultation, contact us at 1-888-DEMILIA.   

DWI Cases
DWI

Types of DWI Offenses in New York State 

Being charged with the offense of driving while intoxicated can be stressful and overwhelming. However, it’s important to understand that the consequences you may face can depend upon the facts and circumstances surrounding the DWI — and the specific offense with...
New York DWI Cases

Can the Necessity Defense Be Used in DWI Cases in New York?

Driving under the influence is a very serious offense in New York that requires a skillful and strategic defense. Critically, one of the defenses that may be available to those who have been charged with the offense of driving under the influence is the “necessity...
Marijuana DWAI

3 Important Things to Know About Marijuana DWAIs in New York

Many people are familiar with New York’s strict laws regarding driving under the influence of alcohol. However, it’s critical to be aware that the state also imposes harsh penalties on those who have been found guilty of driving under the influence of marijuana —...
DWI Mistakes

Common Mistakes to Avoid Making in Your DWI Case

A DWI is a serious matter in New York. While these situations can be stressful and overwhelming, many people are not sure what they should do or how they should proceed. Critically, there are certain mistakes that are commonly made which could impact your case and...
Impaired Driver Program

What is the New York State Impaired Driver Program?

A consequence of a DWI conviction in New York can be license suspension or revocation. Losing your license, even temporarily, can have a substantial impact on your life and livelihood. However, if you qualify for the Impaired Driver Program — formerly known as the...
DWI Attorney

5 Common Legal Defenses to DWIs in New York

A DWI is a serious criminal offense in New York that can come with life-changing penalties. If you’ve been charged with driving while under the influence of alcohol, it’s crucial to have an experienced DWI attorney who can fight the charges on your behalf. A skilled...
Breathalyzer

Can You Challenge the Results of a Breathalyzer Test?

If you’ve been pulled over on the suspicion that you were driving under the influence of alcohol, the police will likely ask you to take a breathalyzer test to determine your blood alcohol concentration (BAC). Under New York’s implied consent laws, a driver is...
Field Sobriety Test

Can a Driver Refuse a Field Sobriety Test in New York?

In a case where a driver is suspected of operating their vehicle under the influence of alcohol, a preliminary breath test isn’t the only test a police officer might ask to administer. Part of the arrest process may include conducting field sobriety tests. These types...
DWI

New York Launches “STOP-DWI Month” and “Don’t Drive High” Campaigns

New York State is notoriously tough on impaired drivers, and driving under the influence of alcohol or marijuana can result in serious legal consequences. Significantly, New York is cracking down on impaired driving with two new public awareness campaigns that were...
Cannabis

New York State Seeks to Implement Cannabis DWI Test

With the legalization of recreational marijuana in New York State, the New York State Department of Health is examining methodologies that can be used to detect cannabis-impaired driving. Unlike the technologies that can determine a person’s blood alcohol content in...