11 Oct Regarding DWI, what’s the benefit to not blowing the breathalyzer than taking the consequences of not blowing as opposed to being drunk and actually blowing it in to the breathalyzer, why is better not to blow and take that consequence?
Well if first things first, if you were not drinking and you don’t believe that you’re under the influence of alcohol or drugs, I suggest that you do consent to the breathalyzer. However, most of the time you probably have a drink or two and if you think that you’re hammered, I don’t believe that it’s on your best interest to give any type of proof to the cops and or the district attorney’s office about being under the influence of alcohol or drugs. Again don’t give any statements and that includes don’t blow. Do not blow into a machine.
The consequences for you to refuse are you have the opportunity to have your license back after the refusal hearing and again the refusal hearing has to deal with whether or not the cop told you in a clear language that your license will be suspended under the revoke for one year but if you blow into that machine and your hammered the legal eminent in New York state is 0.08 that is your blood alcohol content is also known as your BAC.
Now if you think you maybe had one drink, it’s not a crime to drink and it’s not a crime to drive and believe or not it’s not a crime to drink and drive. It’s a crime to drink and drive and be over the legal limit of 0.08. Now if you blew and your blood alcohol is 0.03, that’s proof that your blood alcohol content was certainly there was an alcohol on your system but not to the level being of charged as a crime and that’s the only time that I would suggest that you blow is if you didn’t have any drinks or you may have one glass of wine or something like that. But besides that there’s no reason why you should give permission and authority to allow law enforcement to know how drunk you were because once you blow to that machine, it’s not science but it is a very very accurate machine and just like your smartphones they’re not science but they’re very accurate.
That machine there’s a margin of error of 0.02 which means that if you were over the legal limit and the limit is 0.08 but let’s just say that you’re 0.16 which is twice over. The margin of error means that you’re either drunk, your blood alcohol content is either 0.14 at the time, 0.16 or 0.18. Either one of those three options are not good therefore why give the district attorney information how drunk you were. Refuse. Lawyer up and have the skilled criminal defense attorney like myself battle it out with the district attorney’s office.
This is a transcription of an interview with James Medows.