Chemical Tests Not Optional Under New York DWI Law

When facing an arrest for violating DWI laws, and DWI charges, drivers react in many different ways. Some comply with officers, others become violent and enraged. Some drivers put their heads down and say nothing, while others argue with police and argue that they had nothing to drink. After being stopped, law enforcement officers may ask a driver to submit to a breathalyzer test to determine that driver’s blood alcohol level. At this point, some drivers refuse to submit to the test, while others willingly take it. Under New York DWI laws, as two New Yorkers found out this week, refusal to submit to a chemical test is an offense all on its own.

According to WIVB.com, this week a young man, only 19-years-old was charged with multiple violations of New York law, including driving while intoxicated. Curtis Kibler first led police officers on a short chase after they tried to pull him over the conventional way. The initial stop was initiated because Mr. Kibler was allegedly driving eastbound in a westbound-only lane. Mr. Kibler stopped a short time after commencing the chase, and, when requested, refused to take a breathalyzer test. Mr. Kibler was charged with improper right turn, failing to comply with police, possession of marijuana and DWI.

The second DWI refusal case this week involves what many would think to be an unlikely source. According to the New York Daily News, 38-year-old Raphael Profit, an off-duty firefighter, was arrested on the lower East Side, after he was involved in a motor vehicle accident in the very early hours of the morning. Mr. Profit allegedly appeared to be intoxicated at the scene of the accident, and refused to submit to a breathalyzer exam. After doing so, Mr. Profit was charged with DWI and was taken into custody.

Many drivers likely feel lost and very anxious after being charged with DWI and chemical test refusal. The best thing a driver can do in such a situation is contact an experienced DWI attorney. The attorneys at Nave DWI Defense Attorneys have years of experience in DWI chemical refusal cases. For example, in People v. A.B., an Nave DWI Defense Attorneys client was charged with DWI, in addition to failing to yield to an emergency vehicle. The client had refused to submit to a breathalyzer test, and in the county where the incident occurred, no reduction on the charges was available. This did not deter Nave DWI Defense Attorneys attorneys, however, and they showed the ADA that there were significant issues with the case. Nave DWI Defense Attorneys attorneys also raised the point that the client had no prior criminal history, and posed no threat to society. With all of this in front of them, the ADA agreed to deviate from the county’s usual policy. The client was able to keep her driver’s license throughout the pendency of the case, which enabled her to function normally in her life. Ultimately, the client accepted responsibility for her actions, but she did not have to face the crippling consequences of an initial plea pursuant to the county’s policy.

If you have been charged with violating DWI laws, call the experienced attorneys at Nave DWI Defense Attorneys today at 877-435-7394.

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.

2015-08-07T17:27:59+00:00