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Breathalyzer Test: To Blow or Not To Blow?


If pulled over after drinking you might ask yourself, “To blow or not to blow”?  That is a question that  DWI defense attorneys in the Albany area hear all the time.   Under New York State law, by operating a motor vehicle in this state, you have consented to a chemical test of your breath or blood.  Upon an arrest for driving while intoxicated or impaired by drugs or alcohol, you still have a right to refuse to submit to such a test.  However, if you are lawfully arrested for driving under the influence of drugs or alcohol, a refusal to submit  can result in the revocation of your New York driving privileges for one year

There are times when it may not be in your best interest to submit to a chemical test, whether it is a breath test or a blood test.  For example, when a person is potentially facing a felony charge because of a prior conviction for driving under the influence of drugs or alcohol, or if a person is involved in a motor vehicle accident in which someone is hurt or injured, submitting to a chemical test may not be in the motorist’s best interest.

Under either of these circumstances, a conviction could also result in incarceration and loss of driving privileges.

Whether you should submit to a chemical test ultimately depends upon the particular facts and circumstances that you find yourself in, and that’s why it’s critical that if you’re ever arrested for driving while intoxicated by alcohol or drugs, you consult with an attorney before you determine whether or not to take the chemical test.  Asking to contact an attorney prior to submitting to a chemical test after being arrested for DWI (Driving While Intoxicated) or DWAI (Driving While Ability Impaired – by drugs or alcohol) does not in and of itself constitute a refusal to take the test.  In fact, it can be the one of the smartest decisions you make.

In every case, whether the police had the right to request that our client submit to a chemical test is something that we examine and, where appropriate, we challenge that issue in court, and seek to suppress any chemical test results that have been obtained against our clients. 

If you wish to fight a DWI charge, contact us immediately to schedule a free, no-obligation consultation with one of our experienced DWI/DUI/DWAI attorneys. We offer convenient meeting times at any of our four regional law offices in AlbanyTroySchenectady, and Saratoga Springs, NY.

The E. Stewart Jones Hacker Murphy legal team is also available 24/7 for emergency situations by calling (518) 730-7270.  We are here to help you through this difficult time.

For more information on DWI laws in New York State, take a moment to read DMV’s guide on DWI laws.

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