In our blog post last week, we discussed how the Breathalyzer test is sometimes faulty because they aren't properly calibrated. That, however, is only one of the issues that might render a Breathalyzer test faulty. There are several other factors that can affect the accuracy of these tests. All of these factors can lead to a blood alcohol concentration percentage that seems to be over the legal limit of .08 percent for most when, in fact, it isn't that high.
We have often discussed Breathalyzer tests and how they play a part in drunk driving arrests. Our readers know that they have the right to decline a Breathalyzer test, but that doesn't come without severe penalties. What some of our New York readers might not know is that there are some very interesting points about Breathalyzers that have made them the subject of a controversy.
As the last night to enjoy a good time with friends in 2014 draws near, it is important that our readers remember that driving after consuming alcohol is against the law in New York. We recently discussed how New York has a Zero Tolerance law. We have also discussed some of the possible penalties for drinking and driving. Today, we are going to discuss what can happen if you don't take the chemical test when you are requested to do so.
When you see police lights behind your vehicle, you might automatically get nervous. If you have been consuming alcohol, that nervousness might impede your ability to think clearly. One thing that all motorists who enjoy alcohol should be aware of is the implied consent law that governs penalties for refusing to take a breath test upon request.
People usually expect police officers to uphold the law at all times, even when they are off duty. What some people don't tend to remember is that police officers are only human and make mistakes just like everyone else. One New York Police Department officer is accused of making a series of bad decisions that led to him facing drunk driving charges and having his license revoked.
When you are driving on public roadways, you have to make sure that you are following all traffic laws and driving in a responsible manner. There might be some instances in which you don't drive in a straight line or that you fail to follow posted traffic laws.
Drunk driving is dangerous for you and others, so if you're stopped while driving under the influence, it's likely that the police won't let you walk away from an arrest. Although you may find yourself in trouble, drunk driving charges can be successfully defended against. If you're facing these charges, you may want to consider speaking to an attorney about ways to protect your reputation and rights while your case is pending.
There are many factors that can go into a person's arrest for DWI. Most often, we think of a person driving in some manner that would lead a police officer to believe he or she was intoxicated. Smaller traffic infractions, however, can also lead to drunk driving charges as a recently celebrity arrest shows.
When you get pulled over for alleged drunk driving in New York, there are several procedures the police officer will follow. He or she may ask you some questions about whether you have been drinking. The officer may ask you to step out of the car and perform a field sobriety test. Then, the officer may ask you to submit to a chemical test, whether by breath, saliva, blood or urine.