Breath test in DWI Case suppressed due to threat of incarceration.

Prior results do not guarantee a similar outcome.

John Ingrassia recently persuaded a judge to suppress a chemical test result of his client’s breath due to the fact that the police officer who arrested his client advised him that if he submitted to the breath test he would be released, however, if he refused the test he would be taken before a judge and sent to jail.

At a Pre trial suppression his client testified that he submitted to the breath test due to the fear of going to jail.

Mr. Ingrassia persuaded the court that the chemical test cannot be deemed to have been consented to voluntarily due to the threat of incarceration and as a result, the Court suppressed the result of the chemical test.

Under NY law a driver may refuse to submit to a chemical test for blood alcohol content determination, however, they do so at the risk of having their license revoked by the NYS Department of Motor Vehicle after a hearing.

This case illustrates that a driver cannot be threatened with going to jail if the driver refuses to submit to a chemical test.

If you or someone you know is charged with operating a motor vehicle while under the influence of alcohol or drugs, contact one of our experienced criminal defense attorneys at Larkin, Ingrassia & Tepermayster, LLP for a free DWI case evaluation.