A 27-year-old New York man was detained on suspicion of drunk driving on Dec. 6 after allegedly speeding. Deputies pulled the man over after they say they found him traveling at 61 mph in a 40-mph zone. They followed him into a 30-mph zone where he allegedly drove 55 mph.
Officers say that they suspected him of drunk driving when they smelled alcohol on his breath after pulling him over. They performed field sobriety tests, which they say also indicated the man was under the influence, but he refused a Breathalyzer test. However, he did not resist being taking into custody.
The man faces several charges including refusal to take a breath screening device, speeding and driving while intoxicated with a prior DWI related conviction within 10 years. He was released but must return to court to face charges.
Penalties for driving under the influence can be severe, and this may particularly be the case if an individual has a prior conviction on record. An individual facing such charges may wish to consult a lawyer regarding possible defense strategies.
While refusing to take a breath or blood test may seem like a way to avoid giving evidence to the prosecution, in some jurisdictions, there are charges for doing so as in this case. A criminal defense lawyer could carefully review official documentation of the incident to look for possible police errors. Another approach a lawyer might make might be to work out a plea deal with the prosecution. This might result in fewer penalties.
Source: WBNG, “Deputies: Man charged with DWI, speeding”, Anna Norris, December 06, 2014