If you were pulled over for driving under the influence, would you know what to do? No one likes getting pulled over. It can be anxiety inducing and even downright scary. The moment it happens, any logical thinking is likely to go right out the window along with your license and registration. Just remember–if you do end up getting pulled over for drinking and driving, it isn’t the end of the road. Below, we lay out 10 helpful tips on how how to beat a dwi and handle a DWI investigation in New York State, and avoid the often severe–and life altering consequences that can follow a DWI charge.
- You have the right to remain silent. The only pieces of information you are required to give a police officer are your name and your address. This right, and the others that make up the Miranda Rights, should be recited to you by the police officer after you are arrested and before you are questioned. Failure of the police officer to do so allows any statement you make to be excluded from court if you face prosecution. If these rights are read to you as they should be, keep this one in mind: “Anything you say can and will be used against you in a court of law.”
- Stop–in the name of love (or in this case the law). You should never, ever flee a DWI traffic stop. Doing so will have serious consequences, and lead to far more than being charged with a DWI.
- Resistance is futile. In other words, don’t resist arrest. This will only heighten the entire situation and will definitely lead to another criminal charge, as resisting arrest is a Class A Misdemeanor in New York state.
- Just say no? To drugs, definitely. But what about field sobriety tests? In New York State, you do have the right to say no to a field sobriety test. These physical tests are used to determine your coordination, and designed to show impaired ability that could indicate you were driving under the influence. If you decide to decline a field sobriety test, do know that your refusal could potentially be used against you in your trial. If you choose to take this test, a DWI defense attorney may be able to challenge the results of this test in court.
- The answer is maybe when it comes to a chemical or breathalyzer test. New York is an “implied consent” state, meaning that if you were unconscious and have a license, you are also agreeing to be tested for BAC (blood alcohol content). You do have the right to refuse a chemical or breathalyzer test, however these tests are not 100% accurate, which can work in your favor. If you do refuse, your license can be revoked up to one year after a civil hearing at the DMV.
- Innocent until proven guilty. If you fail a breathalyzer test, do not automatically assume that you will be deemed guilty. As mentioned above, these tests are not always accurate, and there are many other defenses that can work in your favor.
- The devil’s in the details. Try to remember every detail of your traffic stop, the events that occurred, and the order in which they took place. Having these details can help a lawyer build a strong defense if you go to trial.
- Smile, you’re on camera–or at least assume you are. If you are arrested, it’s important to remember that you likely don’t have privacy in a cop car, or in jail. Chances are you’re on camera, and anything that you say or do can be used against you.
- Don’t plead guilty “just to get it over with.” DWI is a crime in New York State. If possible, you want to fight this charge. This is where an experienced DWI lawyer comes into play.
- The best offense is a good Defense. If you are being charged with a DWI, hiring a skilled DWI lawyer is a must. New York State is known for its steep penalties for driving under the influence. This makes it all the more important to have an experienced DWI lawyer who knows how to navigate the ins and outs of these laws. Doing so will make it far more likely for your charges to be reduced, and ideally dropped altogether than if you try to go it alone.
Are you or a loved one in need of a DWI lawyer? The experienced attorneys at DWI Team are here to help. We focus on DWI defense and will evaluate your case free of charge. If we do not feel that we can help you, we will not take any money!
Contact us anytime for a free case evaluation.
