New York DWI Blood Alcohol Content Tests
Defense Against Blood Alcohol Content Tests
New York DWI Lawyer Carl Spector knows the law when it comes to alcohol testing. If you have been pulled over and charged for drunk driving in New York, you need to contact our experienced New York DWI Lawyer to fight for you. Whether you have been pulled over and refused a roadside breath test, or refused a blood or urine test at the police station, New York DWI Lawyer Carl Spector will use his 28 years of experience to defend your freedom.
Refusing a Breathalyzer
You always have the option to refuse a breath test in New York, but you will face civil administrative penalties, including the suspension of your license, if you refuse a breath test. You will have the opportunity to present your case at a Department of Motor Vehicles Administrative hearing, but if your request for driving privileges is denied, your license will suspended for a significant amount of time.
If you refuse a chemical test (Blood or Urine) for Blood Alcohol Content (BAC), your license will be suspended at arraignment in court, and revoked for at least one year (second offense, 18 months) at a Department of Motor Vehicles hearing. The penalties and fines for refusing to submit to a chemical test are separate from, and in addition to, the penalties and fines for alcohol or drug-related convictions. Regardless of what test was refused, you’ll be subject to a civil penalty of $500 (second offense, $750).
Driver’s License Suspension
New York DWI Lawyer Carl Spector encourages our clients to attend and challenge the DMV administrative refusal hearing, with our New York DWI Lawyer at their side. New York DWI Lawyer Carl Spector has have found that this hearing is very beneficial. It is possible to get the suspension of your driver’s license lifted if you are successful at that hearing. And having us with you is one way to increase your chances of having your suspension lifted.
If you have refused a breath or chemical test after a DWI arrest anywhere in the state of New York, we urge you to call our New York DWI Lawyer for a no obligation consultation. New York DWI Lawyer Carl Spector has significant experience handling DWI license suspensions and will use his knowledge of the law and the Department of Motor Vehicles Administration to get the best possible result for you.
DWI Blood Tests
In New York, the police are permitted to request that a motorist give blood to test for alcohol. There are several persons authorized to draw blood for the purpose of testing for alcohol or drug content.
If you have given blood after a DWI stop, New York DWI Lawyer Carl Spector will challenge all NY DWI blood test results.
These are typically some of the challenges we’ll put forth for you:
- Was the blood drawn by an authorized person?
- Was the blood drawn in a medically acceptable manner?
- Was the blood sample preserved properly prior to testing?
- Was the laboratory technician that performed the tests on the samples qualified to do so?
- Was the equipment used to test the blood sample certified and in proper working order?
- Will the prosecution bring into court to testify at your trial the person that drew the blood?
- Will the prosecution bring in to court to testify at your trial the person that tested the blood?
These are just some of the questions that should be asked regarding blood test results obtained after a DWI arrest. New York DWI Lawyer Carl Spector will ask these questions, and others, to insure you get the professional defense you deserve for your DWI case.
Blood Alcohol Urine Tests
In order for the results of a DWI Urine test to be admissible in a New York court, the police must follow certain procedures:
- The arrest must be based upon probable cause;
- The police must properly warn against the legalities of refusing to submit or provide a urine sample;
- The urine sample must be properly identified;
- The sample must be properly tested;
- The instruments that assist in analyzing the sample must be certified and in proper working order;
- The test must be performed by a trained and certified technician, chemist or scientist;
- The prosecutor must establish the chain of custody of the sample;
- The prosecutor must turn over the results of the test to your attorney in a timely manner.
These are just some of the areas that New York DWI Lawyer Carl Spector will challenge. New York DWI Lawyer Carl Spector has decades of experience handling these matters, New York DWI Lawyer Carl Spector can navigate through these difficult cases to get the best possible result for your DWI case.
If you have been arrested or charged with a DWI in New York, contact experienced New York DWI Lawyer Carl Spector to defend your freedom. Carl will use his vast knowledge of the legal system and past experienced as a New York Prosecutor to protect you from a criminal record. We offer free no obligation consultations to all DWI Clients.