I haven’t been drinking but I had an accident, do I have to give a breath sample to the officer?
An officer has the authority to request a road side breath test at an accident even though the motorist has not been drinking. This guide will explain the consequences of refusing to do so.
Road side breath tests at accident scenes.In New York the Vehicle and Traffic Law requires every person operating a motor vehicle, which is been involved in an accident, to submit to a breath test at the request of a police officer . In other words, once the officer arrives at the crash scene he/she can ask the operator to submit to a roadside breath test. Failing to do so could result in a charge of violating VTL section 1194(b), which carries a maximum $150 fine, and/or 15 days in jail, 2 points on your driving history, and a mandatory state surcharge up to $93 for a first time offender.
The additional civil penalties.Those convicted of failing to provide a roadside breath test to a New York law enforcement officer will also owe additional civil penalties to the New York State Department of Motor Vehicles. Under Vehicle and Traffic Law section 1199, the driver responsibility assessment will cost a motorist $250 for three consecutive years following an 1194(b) conviction. Should the assessment not be paid the New York State Department of Motor Vehicles is authorized to suspend such person's driver's license or privilege of obtaining a license in New York. Any one asked to submit to or charged with refusing a roadside breath test should consult with an attorney.