If you are convicted of criminal charges, then probation may be part of your sentence. Probation essentially allows defendants to remain part of the community and stay out of jail—as long as they follow certain conditions.
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.
According to Mothers Against Drunk Driving, alcohol-related road fatality rates are increasing in New York. They cost taxpayers $2.5 billion in 2013 alone. For these reasons, state legislators have introduced strict DWI laws to discourage drunk driving. Unfortunately, honest people make mistakes, and if you are facing DWI charges, your first call should be to a criminal attorney.
Driving while intoxicated may be a common offense in New York, but a conviction still comes with harsh penalties. In addition to the fines and possible jail time, a DWI can lead to a license suspension and the loss of other freedoms.