Legally, the arresting officer has to give you a choice whether or not to take the test. The officer will advise you that you’re been arrested for DWI, you’re now going to be asked to submit to a chemical test, the chemical test evidence will be used against you, and offer you the option to take the test. They will also advise you that if you refuse the test that your license can be suspended through a refusal hearing.
Most people don’t realize that they have a choice and that you can say, “No, I don’t want to submit to a test.” If you don’t, the criminal case against you is weaker because there’s no chemical test evidence that can be used against you. The police can still pursue the case based upon the common law charge of their belief that you’re intoxicated, but they don’t have the additional evidence.
The DMV ultimately will treat you separately and can pursue you for the refusal, but that occurs after the criminal case is completed. It is better in most instances if you don’t submit to the test. Unless you know that you’re completely sober and less than a 0.08 BAC. When in doubt, you should not submit to the test.
The Law Office of Kevin T. Conway offers all of Rockland County quality legal services regarding various criminal matters, including DWIs, drug crimes, violent crimes, gun crimes, sex crimes, and juvenile crimes. If you need our help, contact our Spring Valley law firm to assist you in our legal matter.