A DWI Arrest Is An Unexpected Event

A DWI arrest can catch you off guard and change your future in a matter of minutes. It is important to understand that you do have rights. You need to be familiar with the process and what exactly it is that you can and cannot do during the course of a DWI Stop.

What Can I Do If I Am Stopped For A DWI In Brooklyn?

• It is your right to refuse a Field Sobriety Test.
• You do not have to take part in a chemical test and can refuse it. Keep in mind that refusal does come with some penalties, namely, license suspension.
• Wait for a lawyer before submitting to any questioning.
• Not facilitate a search of your motor vehicle. You can deny access if law enforcement doesn’t have a probable cause to search your car.

What Not To Do During Your DWI Stop

• Not provide law enforcement with your drivers’ license or identification.
• If law enforcement decides to arrest you, do not resist the arrest.
• Refuse to let law enforcement search your car if they indicated that they have probable cause to do so.

What You Should Do During a DWI Stop

• Remain cordial should you decline to answer questions without an attorney.
• Not consent to a field sobriety test as the results can be inaccurate and may hurt your case later.
• If you submit to testing, as for a split test. This will allow you to retrieve the second vial of your blood for outside examination and testing at a lab of your own choice and at your own expense.
• You can cordially and kindly decline to have your vehicle searched.

What You Should Not Do During a DWI Stop

• Do not volunteer information. Often one will speak openly and unfiltered out of nervousness and you do not need to answer questions that can later be used against you.
• You can refuse a field sobriety test or chemical test on the road and ask for hospital or police station testing instead.
• Do not be belligerent to law enforcement officers as that behavior can lead to grave consequences or serious charges later.
• You do not have to submit to a vehicle search. You can calmly ask what the probable cause is and should law enforcement persist, remain calm and be sure to state that you have not consented to the search but by no means resist as that can escalate into yet another set of circumstances.

When to Contact an Attorney

On day one, immediately following the arrest, you need to speak to a criminal defense attorney. Do not delay as you will need experienced and veteran criminal defense legal guidance to ahead of your charges as soon as possible.