Reader’s Question:

A friend of mine was charged with DUI here in New York. I admit that I have drunk and drove in rare occasions. He told me about the breath test that he took after he was pulled over. What are the things that I should do or the things that I would tell the police before I take the breath test if I will be caught with DUI?

Roy

Buffalo, NY

It’s a good thing that you know the things that you should do before it even happens. If you are asked to stop because of DUI suspicion in New York, the police will observe you for about 15 minutes before administering the breath test. This is to make sure that you have not vomited or put anything in your mouth that might affect the test result.

If you are asthmatic, diabetic, on ulcer medications, or on a number of other medications, you need to tell the police the medications you are taking. Make sure that they write down the list. Several medical conditions and medications can interfere with the accuracy of your breath test, raising the result. You also need to tell the police if you have any wounds, sores or infections in your mouth. Your breath test result will be artificially inflated if you are bleeding into your mouth. You also need to disclose if you have vomited. A tiny amount of vomit can substantially increase your “breath test” result if you still have alcohol in your stomach. You should also indicate if you have any dental bridges or caps, which might be trapping alcohol inside your mouth.

Lastly, if you ask if you can refuse to be tested, you certainly can. But I suggest not. In New York, you will be facing mandatory driver’s license sanctions, typically involving adding points to your driving record, and the suspension of your license. Refusing an alcohol test is a criminal offense in New York.

Hope this helps you in avoiding DUI charges.