Blood/ Urine Tests
When a motorist is charged with DWI, frequently there will be a request by the arresting officer for the person to take a chemical test of their breath, blood or urine. The most common testing is of the motorist’s breath. However, when there is an issue with breath testing, due to the physical condition of the motorist or the necessity to obtain a Court order for chemical testing, usually the testing will be in the form of blood or urine. At the Law Office of Mark A. Siesel in White Plains, New York, when our clients have submitted to breath, blood or urine testing, we carefully evaluate and examine how the evidence was collected and analyzed, the chain of custody of the specimens, to determine if measures were taken to prevent contamination, and review the experience of the police, hospital, medical officials performing these tests. This can result in a challenge to the accuracy of blood and urine results.
Your Right to Refuse Urine or Blood Alcohol Testing
While you have the right to refuse a chemical test of your breath, blood or urine, when operating a vehicle in the State of New York, under the New York Vehicle & Traffic Law you give implied consent to this testing if you are subject to a traffic stop on suspicion of DWI. Thus, when you are asked to take to a chemical test of your breath, blood or urine, although you have the right to refuse this test, it is important to be aware that there are consequences if you are found to have refused by a administrative judge, just as there are criminal consequences if your blood alcohol concentration (BAC) is at 0.08% or above, the legal limit for intoxication in the State of New York. test to determine blood alcohol content (BAC), there are consequences. Those consequences include revocation of your driver’s license for a period of at least one year (or longer if this is not your first refusal) and the requirement to appear for an administrative license hearing before an administrative law judge at the Department of Motor Vehicles. Additional consequences of a substantiated refusal included fines of at least $500.00. At the Law Office of Mark A. Siesel, we represent numerous clients who were never given the option to refuse, or they were never advised by the arresting officer(s) that they do have a legal right to refuse. Testing was demanded or forced upon them.
Challenging Urine or Blood Alcohol Testing
While chemical tests of breath, blood and urine are difficult to challenge, proper procedure must be followed from the moment a sample is collected until the testimony of a state toxicologist interpreting the findings. The initial administration through the chain of custody in handling the blood or urine samples must be scrutinized with great care and attention to detail. We make sure that the evidence was legally collected after your constitutional rights were complied with (including that you were properly advised of your legal rights), and that if samples were taken, they were not tampered with (chain of custody). You have rights and we will help protect those rights.
Being arrested for DWI is a very frightening experience and can be legally and financially devastating. You need attorneys who will contest each and every aspect of the charges against you and who have the experience, background and a diligent track record of success in handling DWI cases. We will carefully and thoroughly review all procedures that followed during your DWI arrest. There are challenges, but we have the experience and knowledge to overcome many of them. For more information or to schedule an appointment with an experienced lawyer regarding chemical testing, please contact us.