Stewart A. McMillan, Esq.

Should I take a DWI Breath Test?

Clients often ask whether they should take a DWI breath test. You do not have a constitutional right to refuse a police officer’s request that you take a breath test. Accordingly, refusing to take a breath test will result in the automatic suspension of your driver’s license. Nonetheless, when in doubt, our New York, Connecticut, and Westchester DWI lawyers will still tell you not to take a breath test.

Moreover, the DWI lawyers in Larchmont, White Plains and Stamford at our offices have counseled thousand of clients that a driver has an absolute right to refuse a DWI breath test.

The results of a breath test are the most significant piece of evidence against you. Therefore, our White Plains DUI attorneys generally counsel our clients that a breath test should only be taken if the driver is absolutely certain their blood alcohol content (“BAC”) will fall below the legal limit for intoxication. The legal limit for DWI in New York and Connecticut is .08%.

There are a number of factors to consider in determining whether your BAC will fall below the legal limit for DUI.

The factors to consider in determine whether or not to take a breath test include:

  • The number of drinks you have consumed
  • When you had your last drink
  • Your weight
  • Your metabolism
  • Whether you have eaten
  • How much you have eaten
  • Any medications you may be on

Our New York and White Plains DWI lawyers will tell you that a good rule of thumb to go by, which is certainly not true for everyone, is that three drinks in a short span of time immediately before driving will often result in a failed breath test.

Accordingly, if you or someone you know is arrested for DWI, don’t wait. Contact our DWI lawyers in White Plains, Connecticut, and Stamford immediately. The call is free and our attorneys are available to assist you 24/7.

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