dwui interference charges
i did not take a sobriety test and refused the breath test. i did not take a breath test at jail nor was i asked. i was not allowed a phone call. what are my rights?
1 Answer from Attorneys
Re: dwui interference charges
YOu had the right to remain silent and if you asked for one, the right to speak to a lawyer. YOu had no "right to refuse" the test but they cannot force you to take one unless they have a court order. Futher if they did not offer you the test within 2 hours of your being put into custody (which is often way before you are formally arrested,)your refusal may not be used against you(actually the law is murky in this area so you are going to need a really good DWI lawyer).
While the government has a right to revoke your license or driving privilege for failure to take the tests you can contest that at both an Administrative hearing (at the DMV) and at trial. IF the government (read cop) followed the proper rules in giving you your rights to the test, then they can use the failure to take a test as a presumption that you knew you'd fail a test. On the other hand if they messed up, they may not be able to use your refusal against you.
YOu have a right to a jury trial if you are charged with a DWI but not if the charge was Driving while you are impaired by alcohol.
YOu really should get a lawyer. There is a lot of things a lawyer will know to do that you may mess up. IF your livelihood or way of life is affected by your having a driving license or privilege, then HIRE a criminal defese lawyer right away. If you do not know of anyone who does a lot of DWI work, you can speak to them. The National Association Of Criminal Defense Lawyers aka NACDL has a referral program. You can reach them in Washington DC. You can also call your state chapter or the NYSACDL in NY NY.
Whatever you do, get a good lawyer and fast.
Good Luck.
GOod luck.