New York BWI Chemical Test Refusal Lawyer
You have probably heard of the DWI charge, more commonly known as “drunk driving.” DWI, or driving while intoxicated, is a charge brought against a driver who has a blood alcohol content level of at least 0.08%. There are many related charges that impaired or intoxicated drivers can face. But did you know that you could face similar charges for boating while intoxicated?
Boating while intoxicated (BWI) is similar to DWI. While DWI relates to operating motor vehicles, BWI is based on operating a boat. Any person operating a boat with a BAC of above 0.08% can face a BWI charge. BWI charges can be proven by establishing the boater had a BAC of at least 0.08%, or in combination with other evidence of intoxication. Often this evidence takes the form of chemical test results. Chemical tests, such as a breathalyzer, urine, or blood test, are often used to reveal a boater’s BAC level. These test results can be used as evidence that the boater was in fact intoxicated while operating the boat. Upon conviction, a BWI can carry penalties including up to 1 year in jail, maximum fine of $1000, and the privilege to operate a boat revoked for up to 1 year.
What happens if a boater refuses to take the chemical test that would show whether they are intoxicated? New York law has a separate charge for such action, termed “BWI chemical test refusal.” This means that the boater refuses to submit to a chemical BAC test of their breath, blood, or urine. Refusing a chemical test can lead to penalties including: a revocation of your boating privileges for at least six months; and a requirement to pay a civil penalty of at least $200.
Breath tests are often used to test someone’s BAC because these tests are easy to administer compared to urine or blood tests. However, breath tests can be plagued with problems, including inaccuracy. Something as simple as taking cough syrup can lead to false breathalyzer reading. Additionally, breathalyzers require proper use to reveal accurate readings. Because of these problems, it is essential to hire a BWI attorney who understands chemical breath tests, as these can be used against you. At Nave DWI Defense Attorneys, our experienced BWI and DWI attorneys understand complicated evidence rules and can help you if you feel your breath test reading was inaccurate, or if you refused to take a chemical test.
If you or a loved one has been charged with a DWI, chemical test refusal, or any related charge, contact the experienced DWI attorneys at Nave DWI Defense Attorneys today. Our dedicated team of lawyers only handles DWI cases, and understands New York’s complicated DWI laws. We have aggressively defended thousands of New York drivers against DWI and related charges. Serving clients throughout New York, we offer each potential client a free case evaluation. After hiring our firm, our attorneys will answer all your questions and provide professional advice tailored to your case. You can rest assured that our DWI lawyers will explore all your legal options with you, and will strive to protect your rights. Contact us today for more information.
DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.