Everyone is aware of prosecutable BAC Levels .08-.1 and .1 and up. However you can be incur fines and even license repercusssions from a BAC of .05 – .07.
You should never refuse a breath test or a chemical test, unless there is an injury. Refusal will result in high civil penalties and manditory revocation. Now in NY State, this could eventually result in lifetime revocation under Sections 136.5(a)(4) and (b)(2).
Oftentimes the charges have been reduced significantly, or in some cases dismissed due to the efforts of representation that Mr. Fluery offers his clients. Any effective representation of an alcohol or drug related operating offense is best started as soon as possible, preferably during the stop of the motor vehicle or the arrest, if possible.Simply put, the prosecution cannot obtain a conviction for any of the above referenced operating offenses without the help of the accused motorist in providing evidence necessary to convict him or herself. Such evidence can only be obtained without violating the constitutional rights of the motorist with the cooperation of that motorist.It is imperative for the motorist stopped to understand that when one is asked if they have been drinking, that a criminal investigation is underway. The goal of the officer is to obtain evidence necessary to obtain a conviction for a drug or alcohol related offense, without regard for whether or not a motorist’s constitutional rights are being violated, or whether or not the motorist is guilty or innocent. The motorist’s constitutional rights will usually be deemed waived by a court unless there is a particularly egregious violation of said rights.For the reason stated above, it is imperative that you retain the services of an attorney knowledgeable in this area of law, whether it be during the stop or the next day. If you find yourself facing this situation, contact Mark Fluery as soon as possible.