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Under New York’s implied consent law, drivers who are suspected of driving under the influence of alcohol are required to submit to blood-alcohol testing. Refusing to do so could result in a driver’s license revocation in addition to DUI charges.

The son of former New York Knicks coach Isiah Thomas could lose his license and face other penalties after being arrested on suspicion of drunk driving last week.

Reportedly, 25-year-old Joshua Thomas was on his way home from deejaying at a Lower Manhattan night club early last Friday when he was stopped at a DUI checkpoint.

According to police, Thomas admitted to having about three drinks earlier that night, and reportedly smelled of alcohol and had watery, bloodshot eyes.

However, at a Manhattan Criminal Court appearance this week, Thomas’ lawyer was quick to point out that there isn’t any evidence proving that his client was intoxicated at the time of the arrest.

He said that Thomas passed all of the field sobriety tests he was given that checked his balance, speech and coordination, and since a Breathalyzer test was never administered, the attorney said that there is “a real question whether or not Mr. Thomas was intoxicated at the time of his arrest.”

Refusing a Breathalyzer in New York is a doubled-edged sword. On the one hand, it can call into question whether a driver was intoxicated, but on the other hand, it can lead to serious consequences and the presumption that the driver refused to take the test because he was intoxicated.

Additionally, the potential license revocation is handled in a hearing with the DMV, which is conducted separately from the DUI charge.

People who are charged with drunk driving and refused to take a Breathalyzer test need an experienced criminal defense attorney to help them with this complicated legal situation.

Source: New York Daily News, “Isiah Thomas’ son Joshua arrested for DWI in Lower Manhattan: sources,” Shayna Jacobs, Barry Paddock, April 4, 2014

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