Interviewer: Have you ever seen someone talk their way out of being arrested, or is it a foregone conclusion?
Ben: I haven’t because they wouldn’t come to me at that point. I’m sure it has happened though. I wouldn’t even hear from the person if they talked their way out of it because they wouldn’t have been arrested, so they wouldn’t have called me. I’m sure people have gotten out of it in that way.
After a DWI Arrest, You Will Be Taken to the Police Station and a Breathalyzer Test Will Be Administered
Interviewer: After someone took the test, they fail and the police arrest them. Are they taken to the station, and they will have to take a true breathalyzer test?
Ben: Yeah. They’re taken there, they’re either given a second one breathalyzer test and they’re held at a station.
Long Island Police Precincts Are Equipped with the Intoxilyzer Breath Test Machine
Interviewer: What machine is used on Long Island? Is it the Intoxilyzer?
Ben: I believe it’s the Intoxilyzer.
Can You Refuse to Take the Breath Test at the Police Precinct?
Interviewer: Is there a difference in refusing that test versus the one administered on the roadside?
Ben: No, there’s no difference. You can refuse them both. Again, if you refuse it, then they’re going to obviously think that you’re refusing for a reason, but they won’t have evidence that you’re drunk.
If you don’t think you are above the legal limit of 0.08 and you don’t think your result is going to be above that, then you should undergo the test. Then obviously they won’t have evidence against you.