What to Do if You Are Pulled Over for Suspected DWI in New York
Being pulled over for suspected driving while intoxicated (DWI) in New York can be a stressful and frightening experience. Knowing your rights and the steps to take during and after the stop can significantly affect the outcome of your case. At Dupée & Monroe, P.C., we understand the serious consequences of a DWI charge and are here to help if you find yourself in this situation. See below for some general guidance, and contact our office for personal advice and skilled representation from an experienced and successful Goshen DWI defense lawyer serving Orange County and the Hudson Valley.
Stay Calm and Composed
The first and most important step is to remain calm and composed. Pull over safely and promptly to the side of the road. Turn off your engine, roll down your window, and keep your hands visible on the steering wheel. Avoid any sudden movements that might alarm the officer.
Be Polite but Cautious in Your Responses
When the officer approaches, they may ask for your driver’s license, registration, and proof of insurance. Provide these documents without argument or hesitation. While it’s essential to be polite, you are not required to answer questions that may incriminate you, such as where you are coming from or whether you’ve been drinking. A simple, non-confrontational response like, “I prefer not to answer,” is sufficient.
Understand Implied Consent and Field Sobriety Tests
In New York, drivers are subject to the state’s implied consent law, which means that by driving, you agree to take a chemical test (such as a breathalyzer) if lawfully requested. Refusing this test can result in an automatic license suspension and other penalties. However, field sobriety tests, such as walking in a straight line or following an object with your eyes, are not mandatory. You can politely decline these tests, as they are subjective and can often be used against you.
Know Your Rights Regarding Chemical Tests
If you are asked to take a breath, blood, or urine test, remember that refusing can have serious consequences, including an automatic one-year license suspension, a fine of up to $500, and the potential use of your refusal as evidence in court to suggest guilt.
While refusing a chemical test might limit evidence against you, it is not always the best course of action. We recommend consulting with an experienced DWI attorney at Dupée & Monroe, P.C., as soon as possible to assess your specific circumstances.
Document the Encounter
Take note of the details of your stop, including the time and location of the stop, the officer’s behavior and the questions they asked, and the tests you were asked to perform and whether you complied. This information can be valuable in building your defense later. If possible, write down these details as soon as it is safe to do so.
Exercise Your Right to an Attorney
If you are arrested, you have the right to remain silent and request an attorney. Politely inform the officer that you wish to speak with a lawyer before answering any further questions. Do not attempt to argue your case or explain yourself at the scene. Anything you say can and likely will be used against you.
Potential Consequences of a DWI Charge
DWI charges in New York carry severe penalties, which may include:
- Fines ranging from $500 to $10,000, depending on the offense.
- Jail time, which can vary from a few days to several years for repeat offenses.
- License suspension or revocation.
- Installation of an ignition interlock device.
- Increased insurance premiums or cancellation of coverage.
Additionally, a DWI conviction can have long-lasting effects on your personal and professional life.
Contact an Experienced DWI Defense Lawyer
If you have been pulled over for suspected DWI, it is crucial to act quickly to protect your rights and minimize the potential impact of the charges. The attorneys at Dupée & Monroe, P.C., have extensive experience representing clients accused of DWI and other criminal offenses in Orange County and throughout the Hudson Valley.
We will carefully evaluate the details of your case, challenge evidence obtained improperly, and work tirelessly to achieve the best possible outcome for you. Whether it’s negotiating for reduced charges, fighting for dismissal, or representing you at trial, our team is here to advocate for your rights every step of the way.
Contact Dupée & Monroe, P.C. today at 845-294-8900 for a complimentary consultation to learn how we can help defend you against DWI charges.
