DWI Stop In New York City

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dwi stopIf you’re stopped for Driving While Intoxicated (DWI) in New York, here are the steps you should follow:

Pull Over Safely

When you see the police lights behind you, pull over safely to the side of the road.

Be Polite and Cooperative

When the officer approaches your vehicle, be polite and follow their instructions. You are required to provide certain information, including: Your driver’s license, vehicle registration, and proof of insurance

Know Your Rights

  • Right to remain silent: You are not required to answer questions beyond providing identification and paperwork. Do not  admit to drinking or taking any substances.
  • Field Sobriety Tests: You have the right to refuse field sobriety tests, but refusing these tests could be used against you if your case goes to trial.
  • Chemical Tests: In New York, you are required to submit to a chemical test if requested. Refusing a chemical test (breathalyzer, blood test, or urine test) can result in immediate penalties, such as automatic license suspension.

Breathalyzer Test

If the police suspect you are intoxicated, they will ask you to take a breathalyzer test. If you refuse the test, you face a mandatory 1-year license suspension and other penalties under New York’s “Implied Consent” law.

DWI Consequences

A DWI charge in New York can result in:

  • Fines and court costs
  • License suspension
  • Possible jail time
  • Increased insurance rates

If Arrested

  • You have the right to an attorney. It’s important to contact one as soon as possible.
  • You may be required to take a blood or urine test at the police station.
  • You may be eligible for bail, depending on the circumstances of the arrest.

Attend Court

If you are charged with DWI, you will need to attend a court hearing. An New York City DWI lawyer can help you navigate the legal process and explore potential defenses, such as questioning the accuracy of the breathalyzer test or the legality of the stop.

It’s always a good idea to consult with a NYC DWI lawyer who specializes in DWI cases to help guide you through the legal process and ensure your rights are protected. Call the Law Office of Michael S. Discioarro, a criminal defense attorney, to defend your rights and fight DWI charges.

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