![]() PBT results are admissible in court in New York, provided that the PBT device is approved by the State, the legally required chemical test refusal warnings were given, and the test was administered properly. ![]() This investigative tool is used by police officers to determine whether the driver is impaired enough to justify making an arrest and investigating further. There are a few different types of tests that can be administered in the course of a DWI investigation, including:Ī PBT is commonly administered roadside during a traffic stop. New York’s state law describes a blood alcohol content (BAC) test as a “chemical test.” This term is not familiar to the general public, who better know a BAC test as a “breathalyzer test.” The difference between the terms requires some explanation. This article explains what New York’s state law says about refusing a breathalyzer, the consequences of refusal, and when it might be appropriate to do so. As with most legal questions, the answer is, it depends. A breathalyzer is a device that measures the amount of alcohol in a person’s system by analyzing their breath after they blow into it.ĭrivers who have been accused of a DWI often wonder whether they needed to or should have taken the breathalyzer test. If an officer suspects a driver is intoxicated, they will typically ask the driver to take a breathalyzer test. Yet, making the right decisions can mean the difference between license suspension versus no license suspension and even jail time versus staying out of jail. This impairment could cloud their judgement and impact decision-making. This makes handling a driving while intoxicated (DWI) traffic stop all the more challenging, especially if the driver actually is impaired. Being accused of driving while intoxicated comes as a shock to most people.
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