Refusing Sobriety Tests

[x635 4,066]

Recently, I saw a box truck parked outside a law firm that was being used as a billboard.

The law firm specialized in defending DWI drivers.

The advertisment advised potential clients to refuse the field sobriety test, refuse the breathalyzer test, and refuse the blood, hair or any other test.

How legal is this? I know in my eyes, it's very immoral and unethical, but what happens in court if the driver refuses all these tests? Is there another legal consequence? How do they prove the DWI charge?

[Future Fireman 4]

How legal is this? I know in my eyes, it's very immoral and unethical, but what happens in court if the driver refuses all these tests? Is there another legal consequence? How do they prove the DWI charge?

First of all, the LEO who pulls them over will get the "This person is guilty." mindset and if he/she sees the alcohol and observes their behavior to be "Drunken," Tah-Dah! DUI/DWI charge. Secondly, any video from the dash cash show erratic driving, swerving, thrown bottles from the car, etc, by the person involved can be used as evidence. So, even without a sobriety test, you can at the very least, get a ticket.

Any LEO care to elaborate more?

Mike

Edited April 19, 2008 by Future Fireman

[CTFF 65]

In CT refusing to submit to testing is an automatic 6 month suspension of the drivers license.

[Guest]

In NYS if you refuse a sobriety test you face possible conviction, revocation of license... ETC it is all outlined here @ http://www.nydmv.state.ny.us/broch/c39.htm

[INIT915 1,119]

In CT refusing to submit to testing is an automatic 6 month suspension of the drivers license.

Similar in NY, even if your later found not-guilty of the criminal charges:

Chemical Test Refusal-

$500 civil penalty ($550 for commercial drivers) Lic Revoked for at least one year, 18 months for commercial drivers.

Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal-

$750 civil penalty Lic Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.

Chemical Test Refusal - Zero Tolerance Law

$300 civil penalty and $50 re-application fee Lic Revoked for at least one year.

Chemical Test Refusal - Second or subsequent Zero Tolerance Law

$750 civil penalty and $50 re-application fee Lic Revoked

[Guest MVFD334]

If i read right, for a 21 over DWI it sounds like its better to refuse and just pay the fine. Would you still need a lawyer for a refusal case?

[ny10570 745]

I know the books say that if you refuse, you're automatically guilty, but I've had two friends go through DWI's and both were told by their lawyers they would have been better off refusing. Thats bad enough. What really pissed me off was the county officer who didn't want to deal with going to Jacobi after a guy flipped his car on the exit ramp of the Hutch. He STANK of booze and didn't even know he was the Hutch. Guy refused and the officer let him off. So I guess in the end if you're going to be an a$$h@le and drink behind the wheel stick to your guns and you just might get away with it.

[JJB531 652]

You can still be convicted in Criminal Court of Driving While Ability Impaired based on an officers testimony of a person's condition when stopped, i.e. odor of alcohol emanating from breath and body, watery bloodshot eyes, unsteady gait, slurred speech, etc.

[INIT915 1,119]

If i read right, for a 21 over DWI it sounds like its better to refuse and just pay the fine. Would you still need a lawyer for a refusal case?

No, this fine listed above PLUS the Criminal Court penalities, not one or the other!

[helicopper 1,050]

It is your right (pursuant to the 5th Amendment) to refuse to submit to a chemical test. However, it is also NY's right to suspend and/or revoke your privilege to drive in the state. Plus, the DMV will assess a civil penalty and your insurance company will bang you over the head with a substantial surcharge (if they'll even continue to insure you) for several years. This is all before you even resolve the criminal side of it.

You can be convicted of common law DWI or driving while ability impaired without the results of a chemical test. The chemical test actually adds another misdemeanor charge (or felony for those with priors) based on the specific BAC. True, some courts are reluctant to pursue the highest charge without a chemical test but it can be done and is often done in some places. It all hinges on the officers observations and experience.

As for instructing a client to refuse, that's a common tactic but it won't stop the officer from charging DWI or impaired.

In extreme cases, such as a serious injury or fatality, the police can obtain a search warrant to secure evidence from a defendant regardless of the refusal.

It's all part of the legal chess game, I guess.

[RWC130 594]

If you are going to DRINK,

then DON'T DRIVE!!!

I will be totally honest here, years back I went through the "crazy nights"

of drinking at local bars then drove home. I am sure we all did. Right?

Nothing like that 3 AM Cheeseburger Deluxe! lol

Seriously...

Was it smart? NO!

Am I very lucky I didn't get pulled over? YES!

I am even more lucky that I was never involved in an Accident.

I could have hurt or killed myself or someone else on the road.

Yes, you have the right to REFUSE a Sobriety Test but we should be in the

mind set not to REFUSE a Sobriety Test but rather REFUSE TO DRIVE DRUNK!!!!

.08 DON'T BLOW IT!

God Bless and Be Safe!

[unleashedff248 3]

It's amazing what kind of c**p is in people's heads these days. I know so many people in their 20's that think because they watch CSI or Law and Order it makes them an expert in law.

I do know someone who refused the breath and blood test because "it was his right." Not only did he have to pay the fine and got his lic. revoked, but he also was convicted of DWI, leaving the scene of an auto accident with PI, and resisting arrest with violence on the video and testimonial evidence alone.

He will never drive again. (Left the scene of a motor vehicle accident which resulted in personal injury and that he caused while DWI - bad combination.)

It's not worth taking the chance. Lately, most employers are taking DWI convictions very seriously, especially public safety agencies. This includes volunteer agencies.

I know some departments which will never let you drive with a DWI conviction and may even kick you out or suspend you.

On top of this, a DWI will cost you in excess of $10,000. Insurance becomes extremely expensive. Some insurers won't even cover you any more.

With that being said, I believe professional courtesy should be revoked for possible DWI's and people should face the consequences. The risk of having impaired drivers on the road is too great to fool around with letting them go (in my opinion). I would never forgive a friend who killed someone because he was drunk. Never. And I would never forgive myself for letting them do it.

[JM15 386]

In High school one of our senior year teachers who taught law and social studies always told us to refuse the tests. He said that it is easier to fight if there is no definite proof.

[jcoppola 52]

With that being said, I believe professional courtesy should be revoked for possible DWI's and people should face the consequences. The risk of having impaired drivers on the road is too great to fool around with letting them go (in my opinion). I would never forgive a friend who killed someone because he was drunk. Never. And I would never forgive myself for letting them do it.

I always felt strongly about professional courtesy, and have been given it several times, but I always felt that most, if not all cops draw the line at DWI and so well they should. I have taken many white knuckle rides home from a local "establishment" with one of my town's finest on my bumper and it is not comfortable. I agree with the opinion that we should just not put ourselves or johnnylaw in that position.

Drive safely!

JVC

[jcoppola 52]

While we are on the subject, any PO's care to elaborate on how recocnizeable the IAFF Union Decal is on a car? Do you guys know what it means and more importantly, do you take that sticker into consideration when deciding to

write someone up"?

JVC

[Guest MVFD334]

It's amazing what kind of c**p is in people's heads these days. I know so many people in their 20's that think because they watch CSI or Law and Order it makes them an expert in law.

I do know someone who refused the breath and blood test because "it was his right." Not only did he have to pay the fine and got his lic. revoked, but he also was convicted of DWI, leaving the scene of an auto accident with PI, and resisting arrest with violence on the video and testimonial evidence alone.

He will never drive again. (Left the scene of a motor vehicle accident which resulted in personal injury and that he caused while DWI - bad combination.)

It's not worth taking the chance. Lately, most employers are taking DWI convictions very seriously, especially public safety agencies. This includes volunteer agencies.

I know some departments which will never let you drive with a DWI conviction and may even kick you out or suspend you.

On top of this, a DWI will cost you in excess of $10,000. Insurance becomes extremely expensive. Some insurers won't even cover you any more.

With that being said, I believe professional courtesy should be revoked for possible DWI's and people should face the consequences. The risk of having impaired drivers on the road is too great to fool around with letting them go (in my opinion). I would never forgive a friend who killed someone because he was drunk. Never. And I would never forgive myself for letting them do it.

I know of at least 4 people that have been pulled over , refused the tests, got fined and had licenses revoked from anywhere as 6months to probationary licenses for 2 years. I have been to accidents where people get into the accident, leave the scene and call for ambulances at 4 in the am and have nothing happen to them. I served on grand jury duty for 5 weeks (5 fridays) and 8 of the 9 cases that came before us where DWI's with a minimal of 2 prior convictions. The penalty for a DWI is a joke. Therefore people take it as a joke. And whats sad is the cops that pull people over and write them up, and that very night the same cop is out, half in the bag drivin home from the bar in which he was served 3/4 of his drinks for free..

[x129K 1,393]

While we are on the subject, any PO's care to elaborate on how recocnizeable the IAFF Union Decal is on a car? Do you guys know what it means and more importantly, do you take that sticker into consideration when deciding to

write someone up"?

JVC

That decal USED to hold alot of weight....but now you can get them online so every yahoo out there has one....the same thing with the thin blue line decals.

Edited May 29, 2008 by x129K

[ONEEYEDMIC 68]

Obviously the decal you get when you are a Paid FF is a dead giveaway. Does it make me not pull you over. NO. Because most of the time it is a member of your family that is driving the car. Do I give courtesy? Sometimes. Depends on your Attitude. Now you add alcohol to the mix. I use my judgment. I can honestly say that I will take your keys and your license and let you find your own way home. Maybe if you live in Town I will drive you home. But in know way do you drive home if I pull you over and you have been drinking. Not if you live on the next block. I am not going to risk my career for you. Besides, how can you ever help me? I live in a Town where there is only VOLUNTEERS.

[JohnnyOV 2]

Obviously the decal you get when you are a Paid FF is a dead giveaway. Does it make me not pull you over. NO. Because most of the time it is a member of your family that is driving the car. Do I give courtesy? Sometimes. Depends on your Attitude. Now you add alcohol to the mix. I use my judgment. I can honestly say that I will take your keys and your license and let you find your own way home. Maybe if you live in Town I will drive you home. But in know way do you drive home if I pull you over and you have been drinking. Not if you live on the next block. I am not going to risk my career for you. Besides, how can you ever help me? I live in a Town where there is only VOLUNTEERS.

What if you pull over a volly?

[x129K 1,393]

What if you pull over a volly?

Then he smashes the window with the IAFF decal they got off of eBay on it........

[ONEEYEDMIC 68]

What if you pull over a volly?

I really hope that the VOLLEY doesn't have and IAFF sticker on his/her car. Also depends on where the VOLLEY is from and again, his/her attitude. It isn't just FF's I do that for either if you get my drift. I try and accomadate everyone if I can.