There are three things a motorist should do if they are pulled over by a law enforcement official for suspicion of DWI in Merrick. For one, you should not admit any wrongdoing. Once detained and arrested, you must be read your Miranda Rights advising you of your Fifth Amendment rights against self-incrimination and that you have the right to counsel, or if you cannot afford counsel, to have one appointed by the Court. Before this occurs (if at all), it is also important to be courteous to the officer. Even if you are upset and believe that you are innocent, you will not get anywhere if you are discourteous. It will not help your cause. In fact, if a motorist attempts to get into some type of altercation or otherwise act in a physical nature towards the officer, this opens oneself up to further criminal charges being levied against them. Getting back to the initial suggestion, if the officer asks questions, it is important to remember that any oral admissions that are made spontaneously and voluntarily before being arrested can be used against them. So it is important to not any statement of admission while simultaneously showing the officer the respect that they deserve.
It is often asked if one should consent to having their BAC taken at the scene in the form of a PBT (portable breath test), which while not admissible as evidence in court, can have significant ramifications on your ability to drive if you refuse to submit to such a test of your breath to determine BAC. If you refuse to take the PBT breath test or a subsequent intoxlyzer test at the station, you open yourself up to a mandatory one (1) year revocation of your driver license as a DMV civil penalty. It is important to note that these sanctions do not include any court mandated fines or suspensions/revocation. However, it is important to note that there is not one set answer to this question. The question of whether to submit to a chemical test will weigh heavily on these possible background facts: do you have a prior DWI/DUI/DWAI, was there a motor vehicle accident that resulted in personal injury or death, what is your citizenship/residency, status, do you have a commercial driver’s license (CDL).
The point here is that if you are pulled over for suspicion of DWI, be careful of what you say to the officer, and call an experienced Long Island DWI lawyer at the Law Offices of Michael W. Alpert at (516) 280-7288 or malpert@alpertlegal.com