Last Updated on: 27th July 2023, 06:35 pm

Here’s the Lowdown on Blood Tests and DWIs

Now, imagine you’re driving, and you’re suspected of being under the influence of alcohol or drugs. What do you do if the police pull you over and ask for a blood test? You’ve got a legal responsibility to offer up those veins. But hang on! What if you’re not up to it? Well, brace yourself for some not-so-good news. The cops can get a warrant from a judge and, poof, you’re getting tested anyway. So, what happens if you fail to give consent for them to draw your blood? Time for me, and the Spodek Law Group, to break this down for you.

Bad News First: Lost License

If this is your first time saying “no” to a chemical test, you’re looking at a year without your driving privileges. And remember, the law enforcer has to give you the rundown on the consequences you’re likely to face before any test is done. Here’s some relief though, the judge may let you have a restricted license.

More Refusals? Longer Suspension

Let’s say you’re no stranger to a DWI conviction, and you’re seeing deja vu in the last five years. You’re staring down the barrel of an 18-month suspension for refusing the chemical test. Did you say “no” to a test any time in those five years? There’s that dreaded suspension. And it’s not looking good if you’ve got multiple suspensions and refusals. You might lose your licence. Permanently.

And the Cash? A Fine

Your pocket’s not safe either, friend. First offense for refusing a chemical test slaps you with a $500 fine. It starts going up from there for a second or a third refusal within a quick span of five years since the first. And that can sneak into a chunky money penalty when you add the legal counsel cost. Plus, you have to chip in some bucks to retrieve your vehicle, even if the court rulings favor you.

Any Good in Refusing?

Alright, so with all these automatic penalties, what’s the deal? Should you say “no” if you get a choice? If there’s no court order insisting you comply, maybe turning down the test isn’t such a bad idea. As surprising as it sounds, the authorities lose a piece of evidence they could use against you. A refusal isn’t technically indicative of guilt, and at a trial, it might just yield a glimmer of reasonable doubt.

But, When Can They Make You Do This?

But how about if there has been an accident? What if there’s damage to property or people? In a case like this, a judge is likely to give the police a warrant to take your blood to decipher if you’ve had alcohol or other substances. Yet, at the trial, any missteps in the test or its procedure could be questioned by attorneys such as Todd Spodek and his team at the Spodek Law Group.

Where’s The Test?

Well, it could be at the accident spot or during a traffic halt. Generally, though, your blood will be drawn at a police station or a hospital, as these tests tend to offer more accuracy than the ones done on the fly, at the scene. The verdict — a DUI or not — hangs on the test results and the facts of your case.

Doesn’t sound so good, right? Hate to break this to you, but a refusal might have serious fallout, both during your defense in court and after your case is wrapped up. So, it’s essential to have a chat with Todd Spodek and his colleagues at the Spodek Law Group as soon as possible if you’ve found yourself in this unfamiliar terrain of implied consent laws. Drunk-driving checkpoint arrests and convictions have become so typical in New York that it’s difficult not to know someone with a tale to tell.

All Right, But What’s this Implied Consent Stuff?

Yes! Let’s get to that. Every driver with a license has to stick to this in the state of New York. So, here’s the deal, if folks suspect that you’re driving high or drunk, you must take a chemical test for them. Blood, spit, urine, or breath — they can choose any of these tests for you, and you’ll legally need to take it within two hours of driving that vehicle.

Not on board with this? Think you can get away by refusing in New York? Nope! Sorry. You can refuse the standard field sobriety tests like the Horizontal Gaze Nystagmus, Walk and Turn, and One-Leg Stand. But say no to a chemical test, and chances are you’ll face some pretty real consequences. Negative outcomes stack up if that refusal comes with a DWI conviction.

Consequences of Avoiding these Tests

Just how bad can it get if you stand your ground and refuse these tests? Well, your license will be instantly suspended for a year. Then comes a hefty $500 penalty for breaking the state’s implied consent laws. Still stubborn? If you refuse more than once, you’re looking at an 18-month suspension for each further violation, and they’ll fine you $750. This includes first-timers refusing a chemical test but with DWI convictions within the last five years already tarnishing their records.

Obviously, It’s Not Good. But What’s the Legal Take?

Now, sure, these penalties aren’t as harsh as a DWI charge, but they don’t help your case. Your refusal can be used against you in court as proof of your guilt. People will think that you’re hiding something with the refusal. So, let’s be clear, you’re setting yourself up for some rough times if you dodge a breathalyzer test. Working with attorneys at the Spodek law group, or similar defense experts, can help switch the narrative. If you failed the test because your alcohol level was above the threshold, better to question the validity of the test. In the court, not taking the test looks much worse than challenging it.

What about Hiring An Attorney?

Why, good point! You caught the hint on this one. A criminal defense attorney in New York could prove to be a saving grace. Sometimes, you need that license to drive to work. That’s a problem since a DWI typically carries a mandatory license suspension. That’s when experts at the Spodek Law Group can step in with a robust legal strategy to help you put this behind you.

What Can a DUI Conviction Lead To?

Alas, if convicted with a DUI, you’d have to face quite a bit. We’re talking jail time, loss of driving privileges, and in some cases, even a job loss. It can get messy with your personal and professional relationships and toss a financial wrench into the works. So, as you’d expect, better to speak to an attorney ASAP after being slapped with a DUI charge.

Jail Time and More…

Least amount of jail time for a first-time offense? 24 hours minimum. But this could go up quicker than a temp reading in a fever if there are aggravating factors involved. A very high blood alcohol content, fleeing the cops, hurting someone, or worse, killing them, could put you behind bars till the time you get to see a judge. And if you can’t make bail, you may just have to stay put till the trial begins.

License Revocations

Fail to take a breath test during a traffic stop, and your license goes on a yearlong hiatus. If you’re convicted for DUI, you could be walking or hitching rides for a few months to some years, depending on the facts of the case and your past records. If you’re lucky and convicted of DUI, you might be allowed to drive to work, school, or a treatment center with a restricted license.

And Fines

Definitely possible. Post a DUI conviction, you might have to loosen your pocket strings- even if you bargain for a plea deal that brings down your charge level. Fines typically range from $1,000 to $5,000, or even more, based on your past criminal record and the case details.

More Fees

As if the fine wasn’t enough, there’s more you may need to dish out- attorney fees, court costs, getting you’re vehicle out of impound, reinstating your driver’s license, and even registration. Pushed up insurance premiums could also result from a DUI conviction. Plus, you might have to pay for an ignition interlock device to stop you from driving if you’re drunk.

Community Service

After being convicted, you might be asked to do some community service instead of jail time or a fine. It could be picking up trash or giving teenagers an eye-opening talk on the dangers of drunk driving and more.

Can You Get a Job or go to School after a DUI Conviction?

Bad news here, because a conviction for DUI on your record could make it difficult for you to find a job or enroll in school. And you still have to declare your conviction if asked in a job or college application.

Once you’re charged with a DUI, you could face considerable penalties if convicted. So, even if you managed a plea deal, you’d still face a fine, probation, or driving restrictions.