Many people drive while intoxicated on a regular basis. Although you may not crash after a few drinks, your skills behind the wheel won’t matter at a DWI checkpoint.
Although 12 states do not have DWI checkpoints, New York is not one of them. As the Centers for Disease Control and Prevention explains, New York police can conduct sobriety checkpoints and give breath tests to drivers if they have a reason to suspect that the drivers are intoxicated.
However, police must follow state and federal laws when conducting checkpoints. Otherwise, the evidence they obtain – including the results of breathalyzer tests – may be inadmissible in court.
If New York police charged you with DWI at a checkpoint, contact Darren DeUrso, Attorney at Law. Mr. DeUrso is a White Plains DWI attorney who can evaluate your arrest and structure your defense. He has been practicing law for more than 25 years. Call 914-772-8614 today to schedule a consultation.
Read on to learn more about New York DWI checkpoints:
Federal Laws That Govern DWI Checkpoints
The Fourth Amendment of the U.S. Constitution protects citizens from illegal searches and seizures. If an officer gathers evidence during an illegal search, then it will not be admissible in court. However, if you give the officer permission to search your vehicle, or if the officer sees illegal narcotics in plain view or has a warrant, then any evidence that he or she gathers will probably be admissible.
Police cannot arrest you unless they have probable cause. As Cornell University Law School explains, probable cause exists when an officer has a reasonable basis to believe a crime has been committed. If you fail a breathalyzer, then police have probable cause to arrest you under suspicion of DWI.
DWI Checkpoints in New York
In New York, checkpoints must meet certain criteria to be legal, and police must follow state and federal regulations. In order for the evidence gathered at a DWI checkpoint to be admissible in court, the following must be true:
- The checkpoint does not intrude drivers’ privacy to an impermissible degree;
- The purpose of the checkpoint was published in advance;
- Officers do not stop drivers for an excessive amount of time;
- Checkpoint supervisors are present;
- And officers use a random, predetermined approach for stopping vehicles.
Contact a Criminal Lawyer to Discuss Your Legal Options
Facing DWI charges is never an easy experience. A conviction may come with a steep fine, time behind bars, an order to install an ignition interlock device, and enrollment in the New York Drinking Driver Program (DDP). As the Department of Motor Vehicles explains, the penalties are worse for repeat offenders.
If you are facing DWI charges, your first call should be to a DWI attorney. Darren DeUrso, Attorney at Law is a criminal lawyer in White Plains who can represent your interests. He is a member of the New York State Bar Association, Westchester County Bar Association, American Bar Association, and New York State Law Guardian Association, Westchester County. Schedule a consultation today by calling 914-772-8614.