In the event you’re pulled over on suspicion of
DWI, knowing what to do (and what
not to do) is crucial. How you interact with the law enforcement officer who pulls
you over – right down to your choice of words when answering a question
– could make or break your case. To best protect yourself against
an ultimate conviction, follow these crucial steps.
Avoid dramatic gestures and sudden movements. Officers are on high alert when they pull over a suspect, even those they
believe to be driving while intoxicated. Any sudden movements made by
the driver could be perceived as threatening. If an officer feels at risk,
he or she will react accordingly. If you are pulled over, stay in your
vehicle (until the officer directs you to do otherwise) and keep your
hands where the officer can see them.
Answer questions cautiously. It’s not uncommon for an officer to ask incriminating questions
when speaking to a driver believed to be under the influence. In such
cases, the old adage, “anything you say can and will be used against
you,” is absolutely true. Think twice before answering any questions
pertaining to how much you’ve had to drink, even if you believe
it to be a reasonable amount. An alternative response to questions of
this nature would be something similar to, “I’ve been advised
to not answer any questions until I have a lawyer present.”
Do not refuse a chemical test at the station. Drivers in the state of New York are held to the law of implied consent,
which states that any person with a valid driver’s license has already
agreed to take a chemical test upon arrest for DWI. Even if you are ultimately
found not guilty, refusing to take a chemical test could lead to driver’s
Document everything from the date of your arrest. The most effective way to fight charges that have been made against you
is with ample evidence. The more your attorney knows about the events
leading up to you being pulled over, the better. While your memory is
fresh, document all events leading up to and immediately following the
arrest. Where were you when you were pulled over? How long after your
last drink were you arrested? Did the officer read your Miranda Rights
to you? How much time elapsed between your last drink and when you took
the chemical test?
Hire an attorney. Fighting a DWI accusation in New York requires the skill of an experienced
defense lawyer. Now is not the time to settle for a public defender, as
he or she will likely have dozens of cases to tend to – and yours
won’t be the priority. Putting an invested DWI defense lawyer on
your side could significantly improve your chances of securing a successful outcome.
After an arrest, do not wait to
contact a Rochester DWI attorney at The Law Office of Robert King for a consultation.