An arrest for a
DWI can be a frightening and stressful experience, not matter if it is your
first time or fourth. Many people believe they understand the ins and
outs of DWIs in New York; however, most of these “facts” are
simply just myths.
The following are the common misconceptions about New York DWIs:
If I refuse the breathalyzer test, there will be no evidence against me. This is considered one of the biggest DWI myths. However, it is partially
true. While it is legal for a person to refuse a preliminary breathalyzer
test, a police officer’s opinion is also enough sufficient evidence
for a DWI conviction. The arresting officer will still tell the judge
and the court his opinion about how the vehicle was operated and the way
the suspect appeared, such as having red eyes, slurred speech, and the
odor of alcohol at the time of the arrest.
I can’t be charged with a DWI if I was under the influence of prescription
medication. According to New York State law, an individual cannot operate a motor vehicle
if his ability to do so is impaired by a substance, such as alcohol, illegal
drugs, or prescribed medicine. While prescription drugs are legal, they
often have some sort of warning against operating heavy machinery or a vehicle.
I passed my field sobriety test, so I should win my case. Many people who believe they performed well on their field sobriety test
when, in fact, they demonstrated multiple signs of intoxication. The truth
is that these tests are designed for people to fail and for law enforcement
to gather evidence against you. It is legal to refuse a field sobriety
test in New York.
I wasn’t read my Miranda Rights, so my case should be dismissed. Most people get this idea from movies and television. However, Miranda
Rights only need to be read if the police officer plans on interrogating
and questioning someone after an arrest. In New York, the questions which
are asked when someone is pulled over for a DWI are only investigatory,
not an interrogation.
I’m not an alcoholic or a drug addict, so the court will take it
easy on me. The truth is that most people who are pulled over for driving under the
influence are not alcoholics and drug users. DWIs can happen to anyone,
so just because a person looks like a great citizen doesn’t mean
the court’s decision will be influenced by that fact.
I should hire a lawyer who is cheap or a friend who is familiar with the law. The familiar phrase of “you get what you pay for” rings true
in these situations. If you want an attorney who is committed to protecting
your rights, looking for all available legal options, and fighting tirelessly
for the most favorable result possible, you need to pay for that. While
your friend may have the best intentions, if they are not a DWI defense
lawyer, do not depend on their help or advice.
I can get an expungement for my DWI conviction. In New York, there is no expungement statute, which means that his charge
will be forever on your criminal record.
If you were recently arrested and charged with a DWI,
contact our Rochester criminal defense attorney at
The Law Office of Robert King and request a
free consultation today.