Each year hundreds of people are arrested in New York on drunk driving charges. In fact, throughout the country drunk driving is one of the most common criminal charges. In many cases, the results of a breathalyzer test leads to an arrest. However, in some cases, a driver might refuse to submit to a breathalyzer test and still be arrested on drunk driving charges.
That appears to have been the case in the aftermath of a fatal collision that occurred recently in the Brooklyn area. According to the reports, the collision in question occurred on March 10 during the late evening hours. The reports indicate that a 30-year-old man driving a BMW slammed into a larger truck, resulting in the death of his passenger, a 30-year-old woman.
When law enforcement officials arrived at the scene of the collision they reportedly detected signs of intoxication in the driver of the BMW. However, the driver refused a breathalyzer test. Nonetheless, he was arrested for drunk driving. The driver was hospitalized due to injuries suffered in the crash, but was reportedly in stable condition in the immediate aftermath of the collision.
Defending against drunk driving charges
Although some people may think that refusing to submit to a breathalyzer test in a drunk driving investigation will prevent law enforcement officials from gathering crucial evidence, the reality is that other evidence can be gather as well, including the observations of the officers on the scene. Their detection of blurry or bloodshot eyes, smells of alcoholic beverages or unsteadiness, for example, could be used as evidence in drunk driving cases. Anyone who has been arrested for drunk driving in New York will need to carefully consider their options for presenting a sound defense.