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Do I have to take a Breathalyzer test?

When New York residents first get their driving licenses, they are not likely to know that driving is considered a privilege, not a right. That means these privileges can be revoked and fines can be levied. Additionally, driving privileges can be suspended if a driver refuses to take a Breathalyzer test. This is because drivers have impliedly consented to this test in exchange to drive.

What are field sobriety tests?

It is a sight New York drivers probably dread seeing in their rear-view mirror: flashing red and blue lights. Police can either conduct random traffic stops or pull over a driver based on a suspicion that the driver is impaired or drunk while driving. When this happens, the officer usually conducts a three-part field sobriety test to observe the driver's balance, attention level and physical activity.

Breathalyzer test results not always a sign of intoxication

When someone has been arrested for drunk driving, the evidence may seem incontrovertible at first. After all, the breathalyzer test has been around for decades. It is an easy and reliable way to measure a person’s blood-alcohol concentration. Following arrest, the suspect is typically asked to also take a blood test to confirm the results.

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