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
Contact our Nassau County, New York, juvenile defense attorneys for a free initial consultation.
Our attorneys are well-known for helping clients identify realistic legal goals and obtain them. We have successfully handled thousands of cases for our clients and will fight tirelessly to ensure your rights are protected.
Kimberly Lerner is widely recognized in the news media as a trusted authority on numerous legal topics. She is a featured legal correspondent on a variety of national news programs.
Both Richard Lerner and Kimberly Lerner hold the AV Preeminent* rating from Martindale-Hubbell, the highest distinction given to lawyers in this prestigious peer review.
Our experience as Former Prosecutors allows us to understand the prosecution’s position against our criminal defense clients and leverage practical solutions. We are also backed by 70 years of combined legal experience.