Being pulled over on suspicion of driving while intoxicated in New York can be a difficult experience. However, there are some things you can do during the traffic stop which can greatly help you later on.
First, do not divulge information to the police that will incriminate you. While New York law requires that you provide the police officer with general information about yourself, you do not have to answer questions about your whereabouts the previous few hours. You can simply tell the officer that you will not answer any questions without being able to first consult with an attorney.
Second, do not take part in any field sobriety tests, such as walking in a straight line, or submit to a roadside Breathalyzer test. Your participation is not required by law, and will generally only hurt, instead of help, your case. There are dire consquences for repeat DWI offenders in New York.
If you are arrested, remain silent and decline any chemical test until you are first allowed to speak with a lawyer. An experienced New York attorney can advise you on which chemical test to take. For example, it may be in your best interests to take a blood test instead of a breath test. Your lawyer can also let you know your rights, and begin to prepare your defense.
Last Modified: 09-06-2012 12:30 PM PDTLaw Library Disclaimer
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