Should a person arrested for driving while intoxicated take the breath, blood or urine test?
What are the consequences of a refusal to submit to a chemical analysis?
Suffolk County criminal defense attorney Eric Naiburg addresses these complex questions, as well as the many pitfalls that an arrested person might fall into without proper legal advice.
As a criminal defense attorney who has been practicing criminal law for over 40 years, I am frequently asked whether or not a person arrested for driving while intoxicated should take the breath, blood or urine test that will inevitably be offered by the police officer.
Most often it is the breath test that will be offered. However, the answer to the question of whether or not to submit to that test cannot be answered with a “yes” or a “no”.
The answer is far more complex.
The attorney who is awakened by his answering service in the middle of the night very often has to make snap decisions on how to advise the client who has been arrested. That attorney is going to have to consider, if he knows, what the background of the caller is. In other words, whether he has prior convictions for alcohol related driving offenses. A person who has prior convictions might be best advised not to take the test if they have had too much to drink.
The attorney should also establish whether an accident played a role in the arrest, and whether or not someone was injured. This too is a factor that the attorney would have to consider. The attorney might ask the caller to answer yes or no to questions concerning the number of drinks they consumed, their body weight, the last time they had anything to drink, and whether or not they were given a field sobriety test. All of these factors could play a role in the decision making process.
The caller should be advised that a refusal to submit to a chemical analysis will most likely result in the suspension of his driving privileges merely because of the refusal, independent of whether or not he is found guilty of the underlying charge.
The law surrounding the crime of driving while intoxicated, whether it is a misdemeanor or a felony, is quite complex. Criminal defense attorneys are charged with the responsibility of maintaining a current knowledge of any changes to the law so that he or she can best advise the client. The foremost priority of anybody arrested for any charge, including driving while intoxicated, should be to contact a qualified attorney as soon as is possible. There are many pitfalls that an arrested person might fall into without proper legal advice.
Contact the Law Office of Naiburg Obedin and Weissman at (631) 979-7777. You can contact Eric Naiburg directly here.