CT License, NY DWI, Refused Breathalyzer....

[jetsfever01]

What is the name of your state (only U.S. law)? Home State = CT, DWI charge = NY



My question is:

I have been charged with DUI in CT back in jan 2011 which got expunged from my record this past april, now I'm facing another charge in NY this time a few days ago. I know i can't get out of this one BUT do you think if the cop never told me the extent to what happens when i refused a breathalyzer will be a valid argument in my suspended license hearing AND court date after my plea? just curious what you guys think.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Home State = CT, DWI charge = NY



My question is:

I have been charged with DUI in CT back in jan 2011 which got expunged from my record this past april, now I'm facing another charge in NY this time a few days ago. I know i can't get out of this one BUT do you think if the cop never told me the extent to what happens when i refused a breathalyzer will be a valid argument in my suspended license hearing AND court date after my plea? just curious what you guys think.

I don't think so.

Most people know, or reasonably SHOULD know, that refusing to submit to a breathalyzer will usually result in an automatic license suspension. Considering this is your 2nd charge, you most DEFINITELY should have known.

Maybe it's time you stopped looking for excuses and ways to get out of the consequences of your actions, and instead make a commitment to NOT drink and drive instead.

 

[jetsfever01]

I don't think so.

Most people know, or reasonably SHOULD know, that refusing to submit to a breathalyzer will usually result in an automatic license suspension. Considering this is your 2nd charge, you most DEFINITELY should have known.

Maybe it's time you stopped looking for excuses and ways to get out of the consequences of your actions, and instead make a commitment to NOT drink and drive instead.

I thank you for your opinion. I just got word from an NY Attorney via email:

"If the police ofc did not sufficiently apprise you of the consequences of a refusal to submit to the test than the revocation based on that refusal will not be valid and you will be able to get your license back".

Should be interesting how this plays out. As i keep on reading more into this, it seems as though there is an Implied Consent Warning that should be read in NY. Then again, this is just the internet

 

[HighwayMan]

Refusal warnings must be given. How do you know they were not? If you were intoxicated you may not remember.

That is an issue for your refusal hearing, which will be scheduled by the DMV if it hasn't already. This is an administrative hearing only.

The lack of warning has nothing to do with your criminal case. It is irrelevant, although your refusal may be used as evidence against you.