What Constitutes a
New York DWI Chemical Test Refusal?
Often we get a phone call, and people find they have only
been charged with one DWI. You can be charged with one DWI without taking a
blood test or a breath test.
This is called "common law" DWI, and it is just based upon
your conduct and the police observations of that conduct. Sometimes you may
walk, talk, and act like you are intoxicated... when you are not.
But I Never Refused or Did I?
But the bigger question that many people have is: "...but I never
really refused to take their test... so why was I said to have refused or marked
down as a refusal?"
The Express DWI Refusal versus the Constructive DWI Refusal
DWI Refusals can come in different varieties: one is called
the express refusal, and the other is called the constructive refusal. Express
means just that, you clearly expressed yourself to the police. You probably
said “no, no, no, I’m not taking your test,” that one is easy to understand.
But the New York constructive DWI refusal is a bit more complex.
A DWI Refusal Can Be Words or Conduct
If you (by “words or conduct”) showed yourself to be
uncooperative with taking a test or any part of a test of your blood or breath
then bingo, you are marked as a refusal.
A refusal can be placing gum in your mouth, smoking a
cigarette, closing your eyes, falling asleep, telling the police to #$%@%…, not
blowing hard enough, not blowing long enough, not blowing slow enough, not
blowing soft enough, not taking the test they pick, not taking the test when
they say, not giving enough effort, not sitting up straight, not following
directions, not paying attention, not talking, drooling into the machine,
spitting into the breathalyzer, not giving an adequate sample of breath, or
pretending to blow into the breathalyzer. Etc etc etc...
The police will mark you as a refusal if they feel that in
any way, shape, or form you are intentionally or willfully or deliberately
refusing to take their test or tests.
Yes, DWI refusals are highly subjective, and
based upon a police perspective.
If you have any questions about a New York DWI Refusal case, call us at
607-229-5184.
Or you can find us online:
NEWMAN & CYR, Attorneys at Law, PLLC
www.ithacadwi.com
www.fingerlakesdwi.com
www.facebook.com/ithacadwi
www.twitter.com/ithacadwi
Copyright NEWMAN & CYR 2016. Educational Purposes Only.
