If you are stopped for driving while intoxicated it is important to know how to handle the situation to protect your rights and minimize potential legal consequences. Driving under the influence (DUI) or driving while intoxicated (DWI) is a criminal offense, and how you behave during the traffic stop will influence the outcome of the situation. If you are stopped for DWI:

Pull Over Safely

If you’re stopped by a police officer while driving, pull over in a safe manner. Make sure to pull over to a well-lit area where you do not block traffic.

Remain Calm and Be Polite

When the officer approaches, remain calm and avoid sudden movements. When the officer asks for your license, registration, and proof of insurance, provide them in a polite manner. It is important to avoid arguments. Do NOT act confrontational. If you are visibly upset or aggressive, this may escalate the situation and could lead to more serious charges, like obstruction or resisting arrest.

Provide the Required Documents

You are obligated to provide your driver’s license, vehicle registration, and proof of insurance. These are routine requests, and you should comply. You are NOT obligated to answer any questions beyond identifying yourself. The officer may ask where you’re coming from or whether you’ve been drinking, but you are under NO obligation to respond to questions that incriminate yourself! Ask the police to allow your lawyer to represent you. It is your legal right to remain silent, and you should exercise that right if you believe that speaking will incriminate you. If you are stopped for DWI learn more about your rights – review this pdf.

Field Sobriety Tests and Breathalyzer Tests

A key aspect of a DWI stop is the field sobriety test. These tests are used to determine if you are impaired by alcohol or drugs. DWI tests often involve tasks like walking in a straight line, standing on one leg, or following a pen with your eyes. These tests are voluntary, perform them if you feel that you are capable of passing. However, tests given when stopped for DWI are subjective, and the results are NOT reliable. If the officer suspects you are intoxicated, they may ask you to take a breathalyzer test. New York State has an implied consent law. This law says that when driving, you will agree to take a breathalyzer test if asked by an officer. Note that hand held breathalyzer tests are notoriously unreliable and you can refuse that test. If asked why you refuse, we suggest you explain that you have a medical condition. You do NOT need to provide medical details like asthma, bronchitis, COPD, or another pulmonary health disorder. However, at a police station you should NOT refuse a blood or urine test. If you refuse to take the test at the police station, you face immediate penalties that include:

• Immediate suspension of your driver’s license
• Larger fines
• Upgraded charges

Know Your Rights

It’s important to know your rights when stopped for DWI. You are required to provide your identification and comply with reasonable requests you do NOT have to answer questions that could incriminate you. This means you should NOT answer questions like, “How much have you had to drink tonight?” or “Where have you been?” You are under no obligation to speak beyond providing your name and identification. If you are arrested, you have the right to remain silent and request a New York City DWI attorney.

If You Are Arrested

If you are stopped for DWI or arrested, remain calm and do not resist arrest. Resisting arrest will lead to more criminal charges. Once arrested, you will be taken to the police station, where you may be asked to take additional chemical tests (such as a blood test). These tests are used to determine the amount of alcohol or drugs in your system. Refusing to take the test will lead to worse penalties, remember that you still have the right to hire a NYC DWI Lawyer to protect your rights. Always ask for an attorney immediately after an arrest. Qualified legal counsel ensures that your rights are protected throughout the legal process.

After the Incident

After being stopped for DWI and subsequently arrested, you face a wide range of consequences. These include:

• Fines
• A suspended or revoked driver’s license
• Mandatory alcohol education classes
• Fees for an ignition interlock device
• Jail time, depending on the severity of the offense.
• Higher insurance rates

We strongly recommend that you consult with a New York criminal defense lawyer who specializes in DWI cases that may arise if stopped for DWI. An experienced attorney will help you to understand the specifics of your case, navigate the legal process, and likely reduce negative outcomes. A qualified and experienced NYC DWI lawyer can help determine if you qualify for such programs and advise you on how to proceed.

DWI Lawyer – Your Key To DWI Criminal Defense

In summary, if you are stopped for DWI it’s critical to handle the situation carefully to protect your rights and avoid escalating the situation. Remaining calm, be respectful to the officer, and understand your legal rights to reduce the potential consequences. Always consult with a DWI attorney if you are arrested to ensure the best possible legal outcome. The Law Offices of Michael S. Discioarro specialize in NYC DWI criminal defense. Contact us for a consultation today, call: 917-519-8417 or send us and email