Garden City DWI Lawyer

Breathalyzer and Blood Test Requirements in Garden City, NY

In New York, any driver suspected of impaired driving is legally obligated to submit to alcohol and chemical drug testing. Following a DWI arrest, law enforcement officers must measure the arrestee's blood alcohol content within two hours of the arrest or a positive portable breath test. Despite these requirements, individuals arrested on suspicion of DWI often refuse to undergo testing. The penalties for failing to submit to a breathalyzer or blood test in New York following a DWI arrest are as follows:

• 1st offense: One-year license suspension.
• 2nd offense: 18-month license suspension if the suspect has a prior refusal or DWI conviction within the previous five years.
• 3rd offense: 18-month license suspension if the suspect has a prior refusal or DWI conviction within the previous five years.

Additionally, refusing chemical testing can lead to permanent revocation of the suspect's license.

Death by Vehicle - Homicide in Garden City, NY

Homicide by vehicle is the most serious vehicular crime. While no one expects to injure or kill another person while driving, fatal accidents can unfortunately occur. If you cause the death of another person due to your criminal negligence while driving, you may face vehicular homicide charges. Vehicular manslaughter can be charged as a felony, potentially resulting in several years of imprisonment.

Fleeing the Scene of an Accident

After an accident, disoriented drivers sometimes leave the scene. Leaving the scene of an accident involving potential injuries is a serious crime. Leaving the scene of an accident with an injured individual can lead to up to one year of imprisonment, and if the accident caused serious injuries or death, the sentence could be extended to up to seven years. If you are facing charges for fleeing the scene, contact our Garden City DWI attorneys.

Proving DWI in Garden City, NY

Law enforcement employs several methods to establish intoxication, including field sobriety tests, breathalyzer, blood, or urine tests. According to New York law, a police officer, familiar with the physical and mental signs of intoxication, can provide their opinion on whether a person appears intoxicated. Indicators such as a strong smell of alcohol on the breath, flushed skin, bloodshot and watery eyes, poor coordination, balance issues, and slurred speech may be used as evidence of presumptive drunkenness.

Challenging a Failed Field Sobriety Test

Driving while intoxicated is a serious offense in Garden City, NY. If you are arrested for DWI, it can have life-altering consequences, including imprisonment, license suspension, substantial fines, and other penalties. DWI charges often rely, in part, on the results of field sobriety tests. If you face DWI charges, it is essential to consult a New York DWI attorney who can assist in challenging the field sobriety test results.

Types of Field Sobriety Tests

Police officers administer field sobriety tests in most states, including New York, after suspecting impairment during a traffic stop. These tests evaluate the suspect's balance, focus, physical abilities, and more to determine intoxication. The National Highway Traffic and Safety Administration (NHTSA) endorses three standardized field sobriety tests:

1. The Walk and Turn Test: Suspects are asked to take several steps, heel to toe, in a straight line, and then turn on one foot and walk back. Intoxicated individuals may struggle to stay on the line, but this test can also erroneously implicate individuals with certain medical conditions that affect balance.
2. The Horizontal Gaze Nystagmus: Officers ask suspects to visually follow a pen or another object. They look for exaggerated eye jerking, which occurs when a person is intoxicated. Some eye conditions can cause a similar jerking motion, leading to potential challenges of this test.
3. The One Leg Stand: In this test, an officer asks a suspect to stand on one foot for several seconds. Swaying, hopping, or using arms to balance can be interpreted as signs of intoxication. However, individuals with physical disabilities or balance problems might be falsely accused of intoxication based on this test.

Contact our Garden City DWI attorneys at (888) 779-0267 for your free case evaluation.