New York DWI Blood, Breath and Urine Evidence & Testing
New York DWI law states that chemical tests of your blood, breath, or urine may be requested in drunk driving cases. Which test will be administered is in the discretion of the arresting officer. If the officer suspects impairment by drugs, a breath test is unlikely to be requested, as breath testing only can detect the presence of alcohol in a person’s system. Blood and urine testing are more likely to be requested in such cases.
If you have been asked to submit to a chemical test of your breath, blood, or urine and you refuse to provide a sample, no test will be given unless a court order is obtained.
BREATH TESTING: In New York DWI cases, a DUI breath test may be administered on scene using a portable device, and at the station. The test done on scene is only to aide the officer in his decision to make an arrest, and the results are not admissible in court. The most common breath testing machine used in New York DWI cases is the DataMaster. Although breath testing is the most convenient method to determine BAC, it is also the most unreliable. You always have the option to refuse a breath test, but you will face civil administrative penalties including the suspension of your license. If you have been arrested for DUI in New York and submitted to a breath test, contact an experienced attorney immediately.
BLOOD/URINE TESTING: In New York drunk driving cases, proper procedure MUST be followed while taking and analyzing blood and urine samples in New York DUI investigations. Failure to follow proper procedure could result in suppression of the test results. For example, only certain persons are authorized to withdraw blood under New York’s chemical testing statute.
ADDITIONAL TEST: You are entitled to choose a physician to administer a chemical test in addition to the one administered at the direction of the police.