The fate of some tests for blood alcohol concentration has been in the hands of the United States Supreme Court. Three cases that were presented to the Supreme Court called the implied consent laws into question based on the United Constitution's Fourth Amendment ban on searches and seizures that are considered unreasonable. In all three cases, the appeals that were filed with the state supreme courts led to the state courts upholding the laws. The U.S. Supreme Court didn't see things the same way.
Many people falsely assume that breath tests are always accurate; however, that is far from the case. In fact, there are several reasons why a breath test might give false high results. The implied consent laws in New York state that you must consent to a breath test if you are instructed to do so by a law enforcement officer. If you fail to comply, you can face criminal charges and the suspension or loss of your driver's licenses. So, what are you supposed to do since the test isn't always accurate?
There are several factors that can affect the results of a Breathalyzer test. This means that just because you have a result that shows a blood alcohol concentration that is at or above the legal limit, you aren't necessarily intoxicated. Still, some law enforcement officers rely so heavily on the results that they don't accept that the results are sometimes not what they seem. One instance would be if the person who is being evaluated via the Breathalyzer has diabetes.
We live in the land of the free; however, even a free country has laws. One of the laws in New York that must be followed is the law of implied consent. This law means that when you get a driver's license, you agree to take a breath test if you are asked to do so by a law enforcement officer. If you don't comply with the request, you will face certain consequences.
When you accept a driver's license in New York, you are agreeing that you will submit to tests to determine your blood-alcohol concentration if you are stopped for the suspicion of drunk driving. If you fail to submit to the test, you can face penalties. We know that being accused of drunk driving can make you infuriated. It is vital that you don't let that fury impact your ability to make informed choices.
In our previous post, we discussed the methods that are available for testing blood alcohol concentration. One of these, the Breathalyzer test is the most commonly used. That is due to the ease of use. Blood tests must only be done in a clinical or hospital setting. These tests are much more invasive than a breath test, so many police departments rely on breath tests to determine a person's BAC.
Blood alcohol content is a measure of how much alcohol is in your body; it is also referred to as a BAC. Each state in the country applies various charges related to driving while intoxicated based on how high your BAC limit is if law enforcement tests it. In most states, including New York, charges are possible beginning at a .08 percent BAC.
Criminal charges related to a drunk driving stop can vary greatly. It is possible for a person to be pulled over because of a suspicion of driving drunk and then end up facing a slew of other charges. We know that facing a bunch of criminal charges isn't something that anyone wants to do. We can help you to explore your options for handling all the charges that stemmed from your drunk driving traffic stop.
Sobriety checkpoints are a source of much debate. These checkpoints serve the important purpose of keeping people who are drunk while driving from being able to harm others through unsafe driving. The reason for the debate is that some people feel that certain people are targeted during the sobriety checkpoints. It is important to note some basic facts about sobriety checkpoints.
If you have been accused of drunk driving or refused a Breathalyzer test after being stopped by an officer, you may have heard that New York is a zero tolerance state. There are many misconceptions about what this actually means, however.