New Campaign, Stricter Policy for Chemical Test Refusals in New York
Citizens of Albany County, New York have a new reason to comply with the state's implied consent law.

July 20, 2011 /24-7PressRelease/ -- Citizens of Albany County, New York, have a new reason to comply with the state's implied consent law, which mandates that drivers submit to chemical tests of their breath, blood, urine or saliva when stopped on suspicion of drunk driving on the state's highways. In an attempt to tighten the policy on plea bargaining with drunk driving offenders who refuse a chemical test when arrested, Albany County District Attorney David Soares recently announced the "You're Blowing It" campaign. The policy shift took effect starting in June.

Chemical Test Refusal

While New York's implied consent law does not force a driver stopped for drunk driving to submit to chemical testing, there are penalties for refusing to comply with this law. Upon a first-time chemical test refusal, drivers may have their licenses revoked for at least one year and pay a civil penalty of $500 to get their licenses reinstated. If another chemical test refusal occurs in the five years following a first refusal or other drunk driving in New York charge, the license revocation increases to at least 18 months and a $750 fine for license reinstatement.

Plea Bargaining for Lesser Charges

Prior to the recently announced campaign and stricter policy on plea bargaining, any suspect charged with DWI, even those who refused chemical testing, could work with county prosecutors to plead to the lesser charge of driving while ability impaired (DWAI). The DWAI violation typically covers drivers whose blood alcohol level (BAC) is more than .05, but less than .07, or where there is other evidence of drug or alcohol impairment. DWAI charges also carry lesser fine, jail and license suspension penalties than DWI charges.

"You're Blowing It" Campaign in Albany County

According to Albany County District Attorney David Soares, the goal of the new "You're Blowing It" campaign is to encourage driver cooperation with officers during DWI stops. The campaign's main message is: take the Breathalyzer test or other chemical exams, or blow any chance to bargain for the lesser plea of DWAI. Opponents of the change to prevent plea bargaining with those refusing chemical tests say this stricter policy could limit a prosecutor from evaluating each case on its own merits and may send more DWI cases to trial.

Hiring a New York DWI Defense Lawyer

Drivers stopped on suspicion of drunk driving in New York should know that they may face charges and penalties for both DWI and chemical test refusal. For drivers stopped in Albany County starting in June, the new campaign and stricter policy also gives notice that refusing chemical testing carries an additional penalty of no plea bargains for the lesser DWAI charge. When government bodies and officials begin to tighten policies that attack certain offenders, it is important to have good legal help on your side.

If you refused a chemical test upon arrest for DWI, especially in Albany County, contact a New York criminal defense attorney with experience in DWI defense. A DWI lawyer can give you advice about your legal rights and options and may be able to help reduce penalties.

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