Although driving under the influence is a common offense, a conviction comes with harsh consequences in New York. According to the U.S. National Library of Medicine, DWI rates remain high in the United States despite the traditional penalties of a fine and jail time. For this reason, courts now punish offenders with rehabilitation, license suspension, community service and more.
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Although New York is an implied consent state – meaning that drivers consent to breath, blood or urine tests when they start a vehicle – you can refuse to take field sobriety tests without immediate consequences. This is because field sobriety tests are notoriously inaccurate, and sober people can fail them.
Every year, drunk or high drivers kill thousands of people on American roads. According to Mothers Against Drunk Driving, more than 9.9 million drivers admit to being high behind the wheel.
New York police undergo extensive training to identify, test and arrest DWI suspects, but mistakes are still common. The United States Commission on Civil Rights explains that officers have a legal duty not to infringe on a suspect’s rights during any type of stop, and this includes the arrest of drunk drivers. Any mistake that they make can contaminate evidence, which may result in the dismissal of your charges.