Legal question about a charge of DWI?
The police stopped me (I think it was a prison) for alleged DWI. I had to breathe at the station. Two times were not recorded and was told again it was a automatic negative. Then asked me to do a blood test instead. They agreed and went to the hospital and took the sample. I spent the night in the drunk tank and was released the next morning. A week later, police stopped and searched me all days passing by many of the bedrooms and even get a hold of my cell phone number. He tried to convince me to sign a refusal to submit to chemical testing. I would not sign without seeing my lawyer. The officer wrote this as a rejection. Can charge refuse the chemical test, even though it really blood?
"They", ie, the prosecutor can charge whatever they want. If you can prove or not is another story. Police did not charge a person with a crime. Simply present your police report with the prosecutor for review and the prosecutor decides whether to file criminal charges. If and when you receive a summons to appear before the Tribunal to worry of that later. If you have the money, consult an attorney. If not, get a lawyer. And yes, real public defenders who know more about the system judicial and how it works instead of a bunch of expensive private attorneys.
New York DWI Refusal Cases