Should I Take a Breath Test?

Prior results do not guarantee a similar outcome.

The question of whether a motorist, having been detained for suspicion of Driving While Intoxicated/Impaired, should submit to a chemical test is one of the most commonly posed questions a criminal defense lawyer encounters. There are several relevant considerations that an individual must weigh and often times, due to the fast-paced nature of DUI investigations, a motorist is frequently pressed into making a difficult decision without the benefit of legal counsel.

Every motorist in New York State confronted with this choice should be aware that they have the option to consult with an attorney when law enforcement poses to them this question. The Court of Appeals, the highest court in the state, has held that an individual in custody has a qualified right to counsel at this stage of a DUI investigation and is allowed to request to speak with a lawyer on the issue of the breath test, provided that it will not unreasonably delay administration of the test and collection of a sample. In a practical sense, if this clear and specific request is made, it is incumbent on law enforcement that they at the very least permit a motorist to place a phone call to their lawyer, no matter the hour of the day. It bears further mentioning that it is the responsibility of the motorist to affirmatively make the request; many clients after the fact are frustrated to learn that this option was not afforded to them and that under New York law, the police were under no obligation to inform them of this right.

If you, a family member or friend were accused of Driving While Intoxicated/Impaired and were denied your right to counsel it could be the basis to have the results of your breath test suppressed in any criminal prosecution. Call the attorneys at Larkin, Ingrassia & Tepermayster, LLP today for your free no obligation consultation.