Queens County Bar Association
Martindale Hubbell - Distinguished 2023

What to Avoid During a Police Stop and DWI Investigation

Interviewer: That brings up another point. What mistakes do you see people make that make their arrest worse or make their case harder to defend?

There Are Drivers’ License Consequences For Refusing The Breathalyzer Test

Martin Kane: The one action that will make their case worse usually is the failure to take the Breathalyzer test. The reason for that is that for many people the most important consequence is the loss of their drivers’ license.

There are different opinions on this, but I believe that for most people, if it is a first arrest, it is better usually to take the test. Even if they fail the test, there are ways going forward where somebody’s license can be saved.

Submitting To The Breathalyzer Test Leaves Options Open For Negotiating Possible License Suspensions; A Refusal Entails An Automatic Six-Month Suspension

If you don’t take the test, then the Motor Vehicles Bureau is going to almost automatically revoke your driver’s license. That’s for six months, whereas if you take the test there are different penalties to negotiate.

Interviewer: What are some of the reasons that people refuse the breath test at the police station?

Martin Kane: Certainly, taking the breath test and getting a very high reading is going to leave you with little opportunity to actually win the case. That’s a choice that the individual really has to make at the scene, at the time, and it does vary based upon the individual. For most people I think it’s better to simply take the Breathalyzer test and then try to work out of the situation later on.

For more information, contact The Law Office of Martin D. Kane by calling (718) 793-5700.

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