Brooklyn, NY asked in Civil Rights, Constitutional Law, Criminal Law and DUI / DWI for New York

Q: I was recently charged with a DWI. Breathalyzer concluded that my BAC was 0.03, I was then brought to the police HQ .

When I was brought back to the police headquarters the officer instructed me to look at the wall. NOTE: I was not given a clear and unequivocal warning that a chemical test was being performed and the consequences of not performing the test.

With that said, I replied to him, "look at the wall for what!?" He then replied, "Now your getting a refusal".

I currently do have a lawyer and we are at the stages of plea bargaining. The DA is recommending drug court. I feel this is a plea that I'm being compelled to take although I was not intoxicated nor under the influence of drugs or alcohol. Any "controlled substances" that were in my system were all covered for by medical prescriptions. I was fully coherent at the scene but mentally distressed because I had just come from a domestic violence situation. The officer noted in his notes that my eyes were glassy, this wasn't because I was intoxicated or impaired it was because I was upset!

Any advise or comments would be appreciated.

1 Lawyer Answer
Michael Arbeit
Michael Arbeit
  • Criminal Law Lawyer
  • Freeport, NY
  • Licensed in New York

A: When did the arrest happen and where? Did you go to the Refusal hearing? You need to retain an experienced criminal defense attorney for proper representation.

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