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Refusing A Breathalyzer Test In Buffalo

When you’re pulled over for suspected DWI, it can be an extremely nerve-wracking experience. Knowing what to do, or what not to do in these situations can be crucial to the outcome of your case. At theLaw Office of Drew Fritsch, we’ve created this short educational video to provide insight into whether or not it is a good idea to be refusing a breathalyzer test in these situations. If you have questions about your specific case, please don’t hesitate to contact our office for a free confidential consultation. Let our experience work for you. This educational video on refusing breathalyzer tests was provided by Drew Fritsch, an experienced Buffalo DWI Attorney.

  • People often ask whether they can refuse to perform a breath test.
  • You can refuse to give a breath test; however, New York State may impose serious consequences for doing so.
  • Your driver’s license will be suspended for a period of one year and your refusal can be used as evidence that you were conscious of your guilt.

Dealing With The Police And Refusing A Breathalyzer Test

If an officer pulls you over, the way you interact with that officer could determine your outcome in court. The important thing to do is be courteous and indicate that you will hire an attorney to deal with the situation in court.

Your outcome depends on a lot of things – the hard evidence of a breathalyzer test, your performance on roadside evaluations, any previous criminal or DWI-related history, and your attorney’s ability to negotiate a plea deal – but in general, individuals who are calm and cooperative see better results. You cannot win an argument with an officer about whether you should be arrested and/or ticketed. Hire an attorney to help you fight that charge.

Do I have to let the police search my car?

The police have the right to search your car in three scenarios:

  • Probable cause: For example, an officer smelled marijuana coming from your car.
  • Consent: You have given consent.
  • Arrest: If an officer arrests you, the police can search your car as part of the impounding procedure.

If you have not been arrested and the officer does not have probable cause to search your car, you may refuse. It’s best to be polite. You might say something like, “No, you may not search my car. That would not be convenient for me now.”

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Did you or a loved one get pulled over for a DWI and have questions about refusing the breathalyzer tests given by the police officer? Don’t plead guilty until you know all of your options.

Contact our experienced DWI attorney in Buffalo New York, Drew Fritsch to defend your driving record and protect your future. We offer free consultations and have achieved positive outcomes for countless clients.