|Who wants Your Blood?|
"I want to suck your blood"Dracula
With the approach of Halloween and the delightful fall weather I am reminded that costumes, parties, and drinking (drugging) will soon be in full force in Upstate New York.
WHY October 31?
Don't ask me why but something about dressing up and acting goofy brings out the excess in some people. I would imagine hiding behind a mask plus the lowering of inhibitions with a drug allows some to get loose. I see a great many Halloween party DWI/DWAIs every year. One year the police could not tell the fake blood from the real blood in one DWI accident.
Before you think I condone drinking and/or drugged driving think again, I do not but I do defend and protect people and most importantly their Constitutional rights. To be treated fairly and justly does not end at a roadside arrest (sometimes it does not begin there either).
So my big question for today:
When do the police (law enforcement) decide to take (request/demand) your blood?
I believe that blood is usually requested (instead of breath) in one of three scenarios:
As an aside the Police in New York State get to choose the test or tests of your: blood, breath, and/or urine.
0.00 BAC = No Alcohol
1. If you take a roadside Alcosensor breath test and register a 0.00 BAC (blood alcohol concentration). The police are likely going to continue their investigation into the cause of your problem driving by probing further to your blood contents for other drugs or substances.
Marijuana (drugs) in Your Car
2. If they smell pot, or find a marijuana joint/blunt in your ash tray. Bingo, they are going to want your blood instead of breath even if you register a BAC showing alcohol. Now they have a drug combo to charge you with, perhaps both DWI alcohol, and DWAI drugs.
Low BAC (.02 to .05)
Erratic Driving or Behavior Not Equal to the BAC
3. What if your BAC does not = your actions, your conduct, and your messed up driving? What if you fail all the Field Sobriety Tests but have a super low BAC? BTW these were designed to show a 0.10 BAC level. Then the police are going to be looking for other drugs (most commonly pot).
When the police make a blood request you still have to consent unless they go get a search warrant. You can refuse their request and face the New York State driver's license penalties. Sometimes there is no clear cut answer what is the best thing to do, often you don't have an opportunity to discuss your situation with an attorney before making this big decision.
If you have questions about your DWI/DWAI charges within the Finger Lakes region you can either call me or send me an email.
Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.
Over 95% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 400 blog posts, dozens of articles, and over 330 informative videos on my youtube channel.
I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.