While any officer who truly believes a person is driving drunk will make an arrest, there are certain things that increase your chances of being taken into custody. Here’s how to avoid getting pulled over and arrested for a DWI in New York.
Make Sure Your Tags and Lights Are In Order
To pull you over in the first place, an officer must first have probable cause. Eliminate probable cause ahead of time by ensuring that your vehicle tags are up-to-date and your brake lights and taillights are in working order. Don’t hand the officer a reason to stop you for something that could have easily been taken care of.
Don’t Be Rude and Keep Your Hands Where the Officer Can See Them
Today’s law enforcement officers are wary of individuals inciting violence during an arrest. If they stop your car, they’ll immediately look for a reason to take you in if you are rude. Don’t swear at the officer and be polite when declining to answer questions.
Also, keep your hands where the officer can see them. If you need to reach into your purse or glove compartment for your identification, ask the officer’s permission first. Suddenly reaching into the console of your car or your bag without letting the officer know can do more than cause you to get arrested — it can cause the officer to become frightened and draw down on you.
Decline Field Sobriety Tests
You do have the right to decline field sobriety tests if the officer asks you to take them. You have the right to decline chemical testing too — such as a breathalyzer — but you’ll automatically lose your license for a period of time if you do. Many people in New York have been arrested for DWI solely based on the results of their field sobriety testing, even though they were stone cold sober and blew a 0.00% on the breathalyzer test.
Field sobriety testing is highly inaccurate and gives the officer who pulled you over more ammunition against you if you happen to get them wrong. Keep in mind that most people do, intoxicated or not.
Contact Schwartz & Krysinski, LLP Today
If you have been arrested for a DWI, it’s important to contact an experienced DWI attorney as soon as possible to represent you. With the help of our seasoned legal team, you can fight for your rights and freedom from the charges against you. Call us today for a consultation at (718) 643-9333.