Being stopped by a New York City police officer can be a nerve-wracking experience, especially if you’ve had a drink or two. It’s crucial to stay calm and remember that your actions during this encounter can significantly impact the outcome.
From the moment you see those flashing lights, your behavior can either help you avoid charges or minimize potential penalties. Knowing the process and your rights under the law can make a big difference.
How to protect yourself
Understanding that your actions can influence how an officer treats you is crucial. Here are some tips for how to behave from the time you see the police lights:
- Use your turn signal to indicate your intentions and pull over to a safe, well-lit area as soon as possible.
- Turn off your engine and lower your window. This shows the officer that you’re ready to communicate and cooperate.
- Place your hands on the steering wheel where the officer can see them to show that you are not a threat.
- Speak politely and stay calm, even if you’re feeling nervous. Your demeanor can influence the officer’s perception of you.
- Police can misinterpret any sudden movements, so move slowly and inform the officer if you need to reach for something, like your license and registration.
- Avoid making any statements about drinking or other potentially incriminating activities.
- You have the right to remain silent and refuse sobriety tests but be aware of the potential consequences.
- If arrested, ask for an attorney before answering any questions.
Proper behavior during a DWI stop is crucial. A first-offense DWI can lead to serious consequences, including fines, license suspension and even jail time.
Understand the difference in sobriety tests
During a DWI stop, an officer may ask you to take field sobriety tests, a roadside breath test or both.
Field sobriety tests, such as the walk-and-turn or one-leg stand, assess coordination and balance. These tests are subjective and can be influenced by many factors, such as an inexperienced officer. The roadside breath test measures your blood alcohol content (BAC).
Refusing a field sobriety test does not carry penalties, but refusing a roadside breath test can result in an automatic one-year license suspension and a $500 fine. Declining a breath test depends upon your situation.
Silence is your friend
While you should follow an officer’s instructions about where to stand or walk, you don’t have to answer questions about drinking, where you’ve been or who you were with. You can politely decline to discuss these details. Lastly, ask for an attorney if arrested.
A skilled DWI defense lawyer can review police procedures, challenge test results, scrutinize probable cause, negotiate for reduced charges when appropriate and fight to protect your license and driving privileges.