Police can ask for more than one test. In other words the police can first test your breath, and then ask for a blood sample, and then even ask for a urine sample. But the good news is, you can lawfully refuse their requests for a body fluid sample.
This comes with a few penalties: one against your license to drive in NYS, and the other in a court of law. The in court penalty is a jury instruction that states that the jury can infer that your refusal is because you were conscious of your guilt. It is called the "consciousness of guilt" instruction and can be very damning coming directly from the mouth of the "impartial" judge.
If you have questions about a DWI refusal or a DWAI drugs refusal case in Ithaca, Watkins Glen, or the surrounding counties, give us a call, shoot us an email, or fill out the form on our website:
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DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom.
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