Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
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Getting pulled over for suspected drunk driving can be a scary situation. The police officer will likely ask you to take a breathalyzer test to measure your blood alcohol level. You may be wondering – can I refuse the breathalyzer? What happens if I do? Here’s a comprehensive guide on why you should think twice before agreeing to take a breath test if stopped for DWI.
A breathalyzer test, also called a breath test, is a common method police use to estimate a driver’s blood alcohol concentration. It’s a handheld device that measures alcohol content in your breath. The legal limit for blood alcohol concentration is 0.08% in most states.
If you’re pulled over on suspicion of drunk driving, the officer will likely ask you to blow into a breathalyzer device. Your breath alcohol reading gives police evidence of whether you’re over the legal limit. A high reading can lead to arrest and DWI charges.
In every state, you have the right to refuse to take a roadside breathalyzer test if pulled over for suspected drunk driving. However, there are consequences in each state if you refuse. Usually, your driver’s license will be suspended for a period of time.
Once you’re arrested for DWI and brought to the police station, you may face additional consequences for refusing a breathalyzer. For example, in some states like New York, refusing the breath test after arrest allows your refusal to be used as evidence against you in court.
There are pros and cons to refusing a breath test during a DWI stop. Here are some things to consider:
As you can see, there are risks either way. An experienced DUI defense lawyer can help assess your case and determine if refusing the breath test is your best option.
If you refuse a breath test, the officer may seek a warrant to compel a blood test instead. Blood tests are considered even more accurate for blood alcohol level than breath tests. Your state’s implied consent law likely makes it clear that drivers give implied consent to chemical BAC testing, either by breath or blood.
However, blood draws require a warrant in most states. The officer will need to establish probable cause and get a judge’s approval for the warrant. An attorney can help challenge the grounds for a forced blood draw if there are issues with the warrant.
There’s no one-size-fits-all answer to whether refusing the breathalyzer is advisable. An experienced DUI lawyer can look at your case specifics and help determine the better legal strategy. In general:
Never admit to drinking or take any roadside sobriety tests. Politely refuse to answer any questions without your lawyer present. Call an attorney as soon as possible after being stopped for DWI advice.
Refusing the breath test does not automatically mean a DWI conviction. An attorney can help defend your case and fight the charges even without breathalyzer evidence. Possible defenses include:
An attorney’s job is to scrutinize every aspect of the DWI investigation and identify violations of your rights or procedural errors. This can get charges reduced or dismissed entirely.
Being arrested for DWI is scary, but experienced legal help can guide you through the process. If you refused the breathalyzer test, here are some next steps:
With an experienced DWI defense lawyer on your side, you can move forward and work to minimize penalties and get your driving privileges back. Every DUI case is beatable with creative defense strategies.
Trying to navigate the consequences of refusing a breathalyzer without professional legal help is extremely difficult. An attorney who specializes in drunk driving defense has the knowledge and resources to protect your rights. A lawyer can assist by:
Don’t go it alone against the experienced DUI prosecutors. The legal knowledge and advocacy of a skilled drunk driving defense lawyer provides the best chance at a positive outcome.
Being charged with DWI can disrupt your life and livelihood. If you refused a breathalyzer test, it’s critical to understand your rights and options. An attorney can help put together a strong defense to beat your charges and get your license suspension lifted quickly. Don’t leave your fate to chance – speak with a DUI lawyer today to discuss your case.
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