What To Do If You Are Stopped For A DWI

Being pulled over for suspicion of drunk driving is a frightening moment where you need to make fast decisions. While you may go to jail after an arrest, you can still make decisions that protect your rights and help us build a strong DUI arrest defense.

Your First Move: Call An Attorney

At the Nassau County law firm of  Lerner & Lerner, P.C., we encourage all of our clients to be respectful when dealing with police. Yet, we do not want anyone pulled over for DWI to confuse a lack of cooperation with a lack of respect. You have rights, specifically the Miranda rights read to you during an arrest.

The arresting officer also has certain requirements to follow:

  • Reasonable suspicion for the initial traffic stop
  • Probable cause for an arrest
  • Proper administration of breath or blood test
  • Adherence to mandated policies and procedures

Arresting officers want to know how much you had to drink, when you had your last meal, where you are going and where you came from. Politely declining to answer those questions prevents any admission of guilt.

Breathalyzer And Blood Tests. Accept Or Refuse?

A refusal of a Breathalyzer or blood test is within your rights. However, it will result in a mandatory hearing by the DMV to take away your driver's license while your criminal case is pending. Your only option for getting a conditional license is pleading guilty or being convicted of DWI or DWAI while your revocation for refusal is still in effect. Ironically, being found guilty of refusing the test and not guilty of DWI will result in license revocation for a year without the option for a conditional license.

Contact Our DUI Defense Attorneys Today

Protect your freedom and secure the representation you need in a failed breath test defense. Call a Nassau County DWI defense lawyer at 516-741-4100 or fill out our intake form today.

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