Should I Take a Breath Test?

If you are arrested for a DWI in New York, you may be unsure if performing a breath test is the right choice. The answer to this question is that it depends. If you are sure that you are under the legal limit, for example you only had one beer and it has been a few hours, taking the breath test may help your case.

The legal Blood Alcohol Content (BAC) level in New York is 0.08%. If the results of a breath test show that you are under the legal limit, this can actually help you while your case is pending and could result in a dismissed case. In other cases, performing a breath test may make the case against you even stronger. If the results show that you are over the legal limit, the evidence against you is stronger. Also, keep in mind if you decide not to perform the breath test, your license will be taken away for the refusal.

The consequences for refusing the test include:

  1. Fines of $500 for a first offense
  2. License suspension for a year for a first offense

New York has an implied consent law that requires drivers to perform a chemical test when arrested for DWI. Even if you take the test and are above the legal limit, you may be able to pursue a conditional license. The decision is yours, if you think it is wise to perform the test, you can and the suspension time may be much less than if you were to refuse the test.

If you would like to further discuss this matter, do not hesitate to call us at the Law Office of Kevin P. O'Donnell. Our legal team of criminal defense lawyers in Queens have years of experience with DWI cases and we can help you. Schedule your free case evaluation today to discuss your arrest.

Categories: DWI, Breath Test


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Law Office of Kevin P. O’Donnell
Queens Criminal Defense Attorney

125-10 Queens Boulevard, Suite 15
Queens, NY 11415. (888) 715-1735| Local Phone: (718) 285-9355.