Interviewer: In terms of the driver’s license suspension; I know in a lot of states the penalty is more severe if you refuse the police station breath test. How about here on Long Island?
Ben: They do suspend it automatically if you refuse it, but if you know you’re going to blow such a high level, it’s going to be the same repercussion anyway. I look at it that way. At least if you do not undergo the test and you end up going to trial later and you’re acquitted, then you’re not going to have any penalty on your license because you’re not going to have been found guilty.
What if the Results of Your Breath Test Are Below the Legal Limit of 0.08?
Interviewer: The limit in the state of New York is 0.08, where you’re considered to be under the influence. Are there any laws that address people whose breath test results are under a .08 and you’re over 21?
Drivers with Blood Alcohol Levels below the Legal Limit Are Subject to a DWAI Charge, Driving While Ability Impaired
Ben: Yes, there is another charge known as a DWAI, which is Driving While Ability Impaired. That charge is considered a violation, not a misdemeanor or a crime. I believe the level for that charge is a .06 or above.