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If a judge order a drug/alcohol screening can I refuse to take the test

New York, NY |

I was stop for no reason & charged with a DUI & my blood level finally test score was 0.54 (non volation)

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Attorney answers 4

Best Answer

Blowing a .054 is not a "non-violation." You have been charged with at least the infraction of driving while ability impaired and likely still charged with the crime of DWI. You can refuse the court orders if you do not mind a high bail being set and / or being remanded and if you are looking to take the case to trial. The prosecutor will not make you an offer unless you comply with the court's orders. So it all depends on how you want to handle your case.



I was already ROR


Yes but then the judge can take that into consideration in terms of your bail status

Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


Of course you can. However, you may be remanded into custody and/or have to pay bail. Consult with a locally experienced DUI attorney for assistance with your case. I suggest giving Attorney Palumbo a call. Best of luck.

Jasen Nielsen


As an elected judge myself, I suggest you say "yes" to the judge when given the choice.

Take my colleagues' advice - call a lawyer who understands DWI and how to defend you.