Should you REFUSE a breathalyzer or chemical test when arrested for DWI? [New York]

In this video, we discuss whether or not you should blow into the chemical test at the police station when you are arrested for driving while intoxicated. DWI Tom, Tom Anelli.

0:00 Intro
0:16 Should you blow into the chemical test?
1:01 Understand the consequences
1:25 The DA and Judge's
1:57 When NOT to blow
2:18 Call an attorney

About Video
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This video is about whether or not you should blow into the chemical breath test at the police station when you're arrested for Driving While Intoxicated in New York. Many people have asked me this question, and the simple answer is generally speaking you should blow into the chemical breath test at the police station. Refusing to blow into the chemical breath test at the police station will generally cause you to have your license revoked for one year, under what New York Law calls a refusal revocation.

That said, if driving is important to you, your family, and your job you need to realize the refusal revocation may also limit your right to hardship driving privileges and a pre-conviction conditional license.

Furthermore, practically speaking, if you don't blow into the chemical breath test instrument at the police station, the officers can at times be less kind to you and you may end up spending the night in jail. Whereas, when you do blow officers tend to see that as a sign of cooperation and usually they'll let you call for a ride home.

Another reason that it is generally best to blow is some county district attorney's offices in New York have a policy prohibiting assistant district attorneys from reducing DWI charges where the defendant has refused to blow.

Lastly, not blowing into the chemical breath test at the police station can be used against you in your DWI case as "consciousness of guilt" evidence.

Not blowing into the chemical test device at the station is generally only advisable in serious felony cases or cases where somebody's been killed, or seriously injured. In cases where the stakes are extremely high, I may advise somebody not to blow into the chemical test at the station. Otherwise, blowing into the chemical test at the station is generally advisable.

Prior to blowing into the device, or deciding whether or not to blow into the chemical breath test at the police station, please call an attorney. Our office is always available. Please call us, because every case is very specific and many factors can change this advice.

HELP & RESOURCES:
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BIO
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Tom Anelli has made a career and a national reputation helping people charged with DWI. Fifteen years ago, Tom Anelli saw the deficiencies in the way DWI’s are investigated and prosecuted and made it his passion to stand by and defend people charged with DWI.

Tom holds a certification in the Science of Evidential Breath Alcohol Testing and is factory trained by the President of National Patent Analytical Systems on the breath testing instrument most used by local law enforcement. He is also an NHTSA Certified Practitioner and Instructor in Standardized Field Sobriety Testing.

Utilizing this knowledge, Tom has successfully defended thousands of individuals charged with DWI. Furthermore, Tom is also the author of the New York Edition of The DUI Book: A Citizen’s Guide to Understanding DWI – DWI Litigation in America and has appeared nationally as a regular legal commentator on TruTV.

SOCIAL
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DISCLAIMER
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This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this video does not create an attorney-client relationship. An attorney-client relationship is only formed when you have signed an engagement agreement. We cannot guarantee results. Past results do not guarantee future results. Consult with a licensed attorney for information regarding the specifics of your case.

ID: MB01IMO1ZYXCP2W

[maxmorehouse]

Never blow. The Cops gave quotas and do not give a shit of guilt or innocence.
I was not drunk. I was at work, then shopping. I blew over 5 times at the initial stop. The Cop said he "had a feeling". No speeding or any traffic infraction. Cop said that I would blow a lower number at the station. I obliged because I WAS NOT DRINKING and knew I was innocent.
I blew another 5+ times at the station. When a fellow captive, lawyer, told me not to blow again, I refused. Then the Cops say "Morehouse .08. Congratulations".
It ruined my life for over 10 years.
I have been telling this story for 15 years. I have no reason to lie. This happened 15 years ago and I'm back on track.
NEVER BLOW. The Cops pull you over to arrest you. They will frame you anyway. Take the 1 year without your license and vote for Politicians who want to Defund the Police.

[AndyB]

If you drank ? NEVER EVER BLOW IN IT AND CONVICT YOURSELF.
Take the refusal punishment and save the 10k in lawyer fees and 5 yrs of astronomical car insurance rates.

[Joe-uowv]

So blow and give up your right not to incriminate yourself????
Ask to see your lawyer, first hopefully he'll get there to advise you on what to do.

[EastCoastMan]

Tom - from upstate NY ! Hear you on the radio all the time. Keep up the good work brother ! God bless 🙏🏻🇺🇸

[donnyridenhour]

Never blow the machine could be FAULTY

[robfrmny]

You’re giving them the evidence to be used against you.

[randallpink]

Good advise ! Better to blow and keep your license.

[rbaby]

In other words/my words, just don’t drink in the first place.. then you won’t have to call..

[jtoad]

How can these laws be legal under the 4th Amendment?

[MrChayanne]

Never blow charges go up most of the time your DRUNK and will lose the license anyway a reduction of what? If your super wasted dont blow trust me final answer- what proof do they have if u dont blow, i want a trial bring the cop tapes word against mine well see . And for the refusal dmv court cop dont show and if he does who cares conditional license. Bottom line dont blow 😀

[waymanharris]

What if you haven't been drinking

[partofthevoid]

What should you do if you weren’t operating your vehicle?

[concernedcitizen]

What about DWI number 2? This is a felony.

[umbraheart]

Saw the thumbnail and Just came to say that’s exactly how u get the ladies

[TheTruthBombNY]

IS THIS GUY A POLICE OFFICER.IF YOU ARE INTOXICATED HAD TOO MUCH TO DRINK WHY WOULD YOU DO SOMETHING AS STUPID AS TAKE THE BREATHALYZER TEST. WHY NOT JUST ADMIT YOU WERE DRINKING AND ASK THEM FOR THE HANDCUFFS AND PLACE IT ON YOURSELF AFTER TOSSING YOUR DRIVERS LICENSE IN THE LAKE, IF THERE IS ONE NEAR YOU. HE SPOKE ABOUT WHAT COULD HAPPEN (NOT GETTING A RIDE HOME) IF YOU REFUSED TO TAKE THE BREATHALYZER TEST, WHY DIDN’T HE EXPLAIN THE CONSEQUENCE IF YOU DID BLOW IN, KNOWING YOU HAD MORE THEN 2 DRINKS. In BOTH CASES YOUR LICENSE IS SUSPENDED, . IF YOU ADMIT YOU WILL PROBABLY BE UNINSURABLE UNLESS YOU HAVE A FORTUNE TO PAY EVERY MONTH.

[aivlys]

Feel sorry for the lady that lose her family members💔

[markhonerbaum]

If you're not over the limit why refuse, don't act guilty if you're not.I haven't a strike against me.I haven't driven my own vehicle in years. I've a bike pedal all over the big 🍎 Not that fast but pretty far, plagiarism, one count.

[audiogrouch]

who the F is planning to drive drunk though?

[lescobrandon]

YES, refuse to blow. We need the drunk drivers to be immediately have their licenses revoked. Love it.