To Blow or Not to Blow

This question is about as easy to answer as, “What is the meaning of life?”

First, know this: in the state of New York, if you DO NOT take a chemical test (blood, breath or urine), your privilege to drive will be revoked for at least one year UNLESS you win what is known as a “refusal hearing”.

However, depending on the facts preceding and occurring during your stop, losing your driving privileges for a year may be a better choice than facing increased penalties for testing and having a high Blood Alcohol Content (BAC).

“To Blow Or Not To Blow” is a crucial issue for those who:

  1. Have a prior DWI conviction within the last ten years.
  2. Were involved in whether a personal injury or property damage accident immediately preceding the arrest.
  3. May, for whatever reason, register a very high BAC.

If ever you were in this position, it would be wise to seek the advice of lawyer to assist in making the decision. Keep in mind that rousing a lawyer from a sound sleep may not always be easy. IF YOU REFUSE TO TAKE A CHEMICAL TEST UNTIL YOU CAN SPEAK TO YOUR LAWYER, THIS TOO MAY BE DEEMED A REFUSAL.