Interviewer: So if you tell the police, “I’m sorry, I don’t want to do that, I want to speak to my lawyer.” Will they tell you you’re not getting one? Will they try to force you . . . or what’s the common answer to that?
Eric: The common answer to that is, most of the police will not tell you that you have two hours to take a test. The police will not inform you that you can talk to a lawyer. Now in New York, you don’t have an absolute right to talk to a lawyer before taking a test. But you do have up to two hours to take your test. In which time they will accuse you of refusing to take the test. But the police will pressure you if you’re taking the test, they will tell you that you’ll be punished for it.
The fact is, that if you refuse to take the test, it can be used against you at a sub sequential that you refused. If you refuse to take a test, the Department of Motor Vehicle, if it’s proven that you knowingly refused to take the test, can take your license away for a year, but sometimes it’s basically exercising your right to remain silent and may be more desirable in some individual’s cases to not to submit to any testing and not worry so much about their license or driving for a year.
By Eric Sachs