Few experiences can match the stress of a DWI arrest. Unfortunately, honest people make mistakes, and if New York police pull you over under suspicion of DWI, it is critical that you know how to protect your interests.
Many people face charges because they do not understand their rights. First, you have the right to remain silent – and you should exercise that right. Do not answer questions or consent to a search. This may upset the officer, but it might put you in a better position to structure an effective defense.
If you are facing charges for driving while intoxicated, contact a White Plains DWI lawyer from Darren DeUrso, Attorney at Law. Mr. DeUrso can evaluate your arrest and explain your defense options. Call 914-772-8614 today to schedule a consultation.
Until then, read on to learn the answers to three DWI FAQs:
- What should I do during a DWI stop?
During a DWI stop, it is important to be polite and cooperative with the officer. Do not lie. However, you should never provide more information than is necessary. In fact, you should not answer questions.
After stopping in a safe location, turn on your vehicle’s internal light. This will make the officer feel more comfortable. Turn off the radio. If you are smoking, put out the cigarette. Roll down the window, and then put both hands on the steering wheel.
Do not reach for the glove box to get your registration until the officer requests it. The officer may think that you are reaching for a weapon.
Do not try to talk your way out of the situation. If you are drunk, then you will probably be arrested no matter what you do or say, but this does not mean that you should explain yourself.
- Do I have to take field sobriety tests?
The officer may request that you complete a series of field sobriety tests to determine if you are intoxicated. There are three standardized field sobriety tests:
- The horizontal gaze;
- The walk and turn;
- And the “stand on one leg” test.
You should refuse to take these tests. There are no penalties for refusing field sobriety tests; however, you will face consequences for refusing to take the breathalyzer.
- Can I refuse to take a breathalyzer?
An officer cannot force you to take a breathalyzer, but New York is an implied consent state. This means that drivers automatically consent to a chemical test – a blood, breath, saliva or urine test – and refusing to take one comes with penalties.
As the Department of Motor Vehicles explains, a first refusal will come with a $250 annual assessment as part of the Driver Responsibility Program. This lasts three years, which makes the total cost $750.
If this is your first refusal, then your license will be revoked for at least one year. If you were driving a commercial vehicle, then your commercial driver’s license will be revoked for at least 18 months. You will also face a $500 civil penalty, which increases to $550 for commercial drivers.
For a second offense within five years of a chemical test refusal or other DWI-related charge, you will have to pay a $750 civil penalty. Your license will be revoked for at least 18 months. If you were driving a commercial vehicle, then your CDL will be revoked permanently.
Just because you failed a breathalyzer does not mean you are automatically guilty. A New York DWI attorney in White Plains can investigate your arrest and aggressively defend your rights.
Contact Darren DeUrso, Attorney at Law to discuss your defense options. Call 914-772-8614 today to schedule a free consultation.