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Know about New York’s implied consent law

| Oct 12, 2020 | Uncategorized |

A drunk driving conviction can affect nearly every aspect of your life. It can take away your freedom by sending you to jail, destroy your finances by hitting you with excessive fines, and impact your ability to secure housing and a job due to your newfound criminal record. With so much on the line, it’s imperative that you know how to defend yourself as aggressively as possible. That starts with knowing the law.

New York’s implied consent law

One major aspect of the law that is worth knowing about is implied consent. In New York, if you drive a vehicle then you impliedly consent to a chemical test for the purpose of detecting drugs or alcohol if accused of driving while under the influence. Those tests can involve your breath, blood, saliva, or urine. You don’t have to submit to these tests if you are arrested for DWI, but your refusal will result in a license suspension for at least six months and several hundreds of dollars in fines.

Defending against drunk driving allegations

However, if you did refuse a chemical test, then you might have several criminal defense options available to you to try to defeat drunk driving charges, the penalties for which can be much more severe. In these cases, the prosecution usually leans heavily on witness testimony and the results of field sobriety tests. Both of these types of evidence can be extraordinarily unreliable. This means you might have the ability to attack witness credibility and cripple the validity of field sobriety tests.

Develop the defense that’s right for you

Of course, the criminal defense that’s best for you will depend on the circumstances at hand. An attorney who is experienced handling these types of cases will know how to analyze the facts, appropriately apply the law, and aggressively advocate to protect your interests. Hopefully then you can avoid the harshest penalties, perhaps even obtain an acquittal, and be able to move on with your life with as little damage as possible.