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DWI Refusal

Often someone arrested for DWI will refuse to take a breath test or a blood test. Other times the officer will simply not be able to obtain a breath test due to a number of reasons such as when there is an accident and the motorist is unconscious, or the motorist does not provide an adequate sample to be tested (doesn’t blow hard enough into the intoxilizer). In this situation, the arresting officer may still charge that person with driving while intoxicated even though the officer was unable to obtain an actual blood alcohol level. Here the officer will still charge the motorist with driving while intoxicated, however under a different section of law, VTL section 1192.3. The charge will be based on other factors that establish intoxication such as slurred speech, blood shot eyes, and the smelled of an alcoholic beverage on the motorist’s breath.