Refusals to Test

What You Need to Know About Breath Test Refusal

If you have been stopped on suspicion of drunk driving, should you take the breath test? Unfortunately, there is no hard and fast answer, according to criminal defense attorney Raymond D. Sprowls. It depends on many factors, including:

Do you have any prior DWI convictions?
Was there an accident that resulted in bodily harm to another person?
How much did you have to drink?
How important is it to retain your right to drive?

If your driver's license is already revoked and you have numerous prior convictions, a breath test refusal may work to your advantage. If maintaining your driving privileges is your priority, it makes sense to take the breath test.

Everyone facing this decision should know that a breath test refusal will result in the automatic revocation of your driver's license for a year. There are no exceptions, and your only recourse is to challenge the revocation at an administrative DMV hearing before a judge who is employed by the Department of Motor Vehicles (DMV), making them almost impossible to win!

Breath Test Refusal and Your Rights

Many people who are unfamiliar with New York DWI law mistakenly believe they have a right to refuse to take a breath test. There is no such right. While you cannot be forced to give a statement that would incriminate yourself, you do not have a constitutional right to withhold evidence.

If you have been charged with drunk driving, please contact criminal defense lawyer Raymond D. Sprowls. He has the knowledge and legal skill to protect your rights while guiding you through the legal process. To schedule a free, in-office consultation, call toll free 866-323-1462. He represents clients charged drunk driving offenses throughout New York's Hudson Valley.

Recent Case Results

November, 2009:
Two men were arrested in a car after police claimed they had seen the driver (Mr. Sprowls’ client) throw a quantity of cocaine out the window and on to a city street. At a pre-trial suppression hearing, Mr. Sprowls successfully argued to the judge that the evidence should be suppressed. Once the evidence was suppressed, the D.A. had no choice but to dismiss all criminal charges. The defendant ended up pleading guilty to a speeding ticket!
October, 2009:
A few months after Mr. Sprowls’ client was arrested during the execution of a search warrant, Mr. Sprowls got the felony charges dismissed. The defendant had been found inside an apartment with prescription pills, marijuana, cocaine, and drug paraphernalia in the room next to where the defendant was standing. Mr. Sprowls used his extensive knowledge of search and seizure law and the facts of the case to convince the D.A. that the case could not be proven against his client and persuaded the prosecutor to dismiss the charges.
August, 2009:
The police arrested two boys and charged them with felony Criminal Mischief, claiming the boys had caused damage in excess of $500.00 to a local municipal park. The boys denied the charges. The end result? Mr. Sprowls got the case dismissed in exchange for the boys’ promise each pay only $100.00. The moral of the story? Never accept the word of the police as truth -- they lie and exaggerate just as much as anyone else.
August, 2008
Two men were arrested and charged with Burglary in the Third Degree, a Class D felony. Mr. Sprowls' client had just finished serving 22 years in state prison and was on parole.

Within five weeks of the defendant's arraignment, Mr. Sprowls got the case dismissed and the defendant is a free man.
March, 2008:
A high school-aged boy and four of his friends were arrested and charged with multiple felonies, including Burglary in the First Degree and Criminal Possession of a Weapon in the Third Degree. If convicted of the Burglary Charge as an adult, Mr. Sprowls’ client could have been sentenced to anywhere between 5 and 25 years in state prison. In October, 2008, after extensive investigation and interviews with witnesses, Mr. Sprowls got the case dismissed and his client’s bright future remained intact.
February, 2008
Five people were arrested in a commercial establishment during the execution of a search warrant. The store was a "weed spot" and had been selling to a steady stream of customers for months.

Mr. Sprowls' client was in the common area of the store when the police entered and no marijuana was found on his person.

Within a month of his arrest, Mr. Sprowls got the case against his client dismissed.
December, 2007
Two men were arrested in the City of Newburgh and charged with multiple Class D Felonies, including Grand Larceny in the Third Degree and Criminal Possession of Stolen Property in the Third Degree. Mr. Sprowls' client had a lengthy criminal record going back over thirty years with a prior felony conviction. The D.A. was out for blood and insisted that the two men would go to state prison for these crimes.

Of course, Mr. Sprowls could represent only one of the defendants. After investigating the case and researching the applicable law, Mr. Sprowls advised his client to refuse all plea offers and to remain ready for trial.

The co-defendant was subsequently indicted and his case was transferred to County Court where he is looking at a state prison sentence.

Mr. Sprowls' client is now a free man. Because Mr. Sprowls knew the law and the facts of the case, all of the charges were dismissed and the defendant is home with his family.