Chemical, Breath and Blood Tests for DUI
If you are pulled-over by law enforcement, the law requires that they have probable cause to do so. If the officer observes certain indications such as swerving or erratic changes in the speed of your vehicle, she may feel she has probable cause to believe you are driving under the influence and ask you to submit to a breath or blood test. The officer may also ask you to perform certain field sobriety tests, such as the one-legged stand or the finger-to-nose test. If you have been charged with driving under the influence (DUI) as the result of a breath or blood test, contact Michael J. Redenburg, Esq. There are many possible defenses to these tests and an attorney may be able to help you avoid a conviction.
If you refuse to submit to a chemical/blood test at the police precinct you will be required to appear at DMV for a refusal hearing. Simply refusing to take this test at the station will result in your New York State Driver's License being revoked for one year. You will get a hearing date and the hearing will be held at a Department of Motor Vehicles (DMV) location before an Administrative Law Judge (ALJ). Often times, the police officer who arrested you does not show-up at the first scheduled date, and in that case, you will get your full driving privileges back until the next date, which will be sent by mail to you and your attorney. This could be anywhere between two - four months. At the second hearing, if the police officer is present, she will testify concerning your alleged refusal and your attorney will have an opportunity to cross-examine her. Further, the ALJ often times will ask questions of both you and the officer. If you are found to have refused to submit to a chemical test your driving privileges will be revoked for one year based on such refusal.
A False Positive Breath or Blood Test Result
Usually, an officer will pull you over and then ask you for a test after she has established more probable cause such as smelling alcohol on your breath or alleging that you have bloodshot watery eyes or slurred speech. You may be under the legal limit but still have other indicia of intoxication and the officer will still ask you to submit to a test. Because of the weaknesses in the devices used for testing there may be what is called a false positive in the test result. A false positive means that some other factor besides being over the legal limit has caused the machine to give a positive test result. These other factors are often attributable to things that you have consumed that trigger the machine in the way alcohol would. If you have been charged as a result of one of these tests, call Attorney Michael Redenburg today. In 2012, Michael Redenburg represented a client charged with DWI in a bench trial in Kings County Criminal Court and his client was acquitted after trial. That client then sued the City of NY for false arrest and obtained a five-figure settlement from the City. Attorney Redenburg also represented a client charged with operating a motor vehicle under the influence of drugs in Manhattan Criminal Court and was able to have the case completely dismissed without the need for a trial in 2013.
Call (212)240-9465 for a consultation today.