Breath Test Declined, Charged With D.W.I.

    Nicholas Kraus, 41, of East Hampton was arrested shortly after 3 a.m. on Saturday and charged with driving while intoxicated after being stopped on Abraham’s Path near Springs-Fireplace Road in East Hampton for having a broken taillight.
    The arresting officer reported that his breath smelled of alcohol, his eyes were bloodshot, and his speech was slurred, and that he exited his car unsteadily before failing roadside sobriety tests.
    Back at East Hampton Town police headquarters he refused to take the Intoxilyzer 5000 breath test, according to the police report. The Intoxilyzer 5000 uses a beam of infrared light to break down the chemical makeup of a single breath. Its results are admissible in court.
    Later that morning, during arraignment in East Hampton Town Court, Justice Lisa Rana told Mr. Kraus that his driving privileges in New York State were suspended, an automatic action when a suspected drunken driver refuses the breath test. She released Mr. Kraus without bail, with a return date in court to deal with the charges.
    Mr. Kraus apologized to the court, and told Justice Rana he wanted to take care of the charges as soon as possible. Along with the D.W.I. charge was a charge of driving with ability impaired by drugs, but the police report was redacted with no reference as to why that charge had been brought.