That is the question. It is a question asked of me, a QUEENS CRIMINAL LAWYER, by many clients. My answer? Ask five different Criminal Lawyers in Queens, you will get 5 different answers. Why you ask? Because there are so many variables to consider whether one stopped or arrested for DWI in Queens should take a Breathalyzer Test or not. Additionally, each attorney harbors their own personal opinion and defense strategy when it comes to answering that question. What are some of the variables I consider as a QUEENS DUI LAWYER? Here are some:
1. Was there an accident involved?
2. Was someone injured, or was there a fatality?
3. How much alcohol did the person consume, and over what period of time?
4. Did the person eat any food before, during, or after consuming alcohol?
5. Over what period of time did the person consume alcohol?
6. When did the person stop consuming alcohol, in relation to when the Breathalyzer Test is being offered?
7. Does the person have a commercial or Taxi and Limo license?
8. What type of alcoholic beverage was the person consuming?
These are some of the variables I would consider when advising a client as to whether she or he should take the Breathalyzer Test. My advice prior to this advise would be that you should not ever be in the position of having to decide that question. You can drink and drive, but just make sure it is not an alcohol beverage you are drinking! If you have unfortunately been arrested for DWI in Queens, or any other NYC borough, you can call me for a free consultation about your case at 718-414-6186 or contact me by email I will do my best to make this unfortunate incident in your life as least stressful as possible.
If you would like to read more about the Breathayzer test, you can read the New York Vehicle and Traffic Law Section 1194.