When you are pulled over for suspicion of Driving While Intoxicated (DWI), there are some things you should remember that you are not legally required to do. With that said, you should be courteous to the law enforcement officer and not be belligerent or act in such a manner where you could put yourself in further legal trouble.
The first thing to remember is that you are not required to make any statements or answer any questions from the law enforcement officer. Quite often, when I ask clients if they made any oral admissions to the officer, I hear something like, “I told the cop that I had a few beers”. If asked by the officer, your best bet is to not say anything because an oral admission can affect the outcome of the case and lower your bargaining leverage when attempting to make a deal with the District Attorney. The idea is to be courteous but not make any statements or oral admissions that can be used against you. It could take a hearing (Huntley hearing) to suppress such statements should the need require.
The next issue concerns the questions of whether one should consent to a chemical test of one’s Blood Alcohol Content (BAC). Because the laws of implied consent apply to motorists, you consent to the giving of your BAC (either through breath or blood) should you be stopped on suspicion of DWI/DUI. Please note that you do not have to consent to such a test, however, if you do, there are serious ramifications on your ability to drive as the refusal results in a one-year revocation of your license subject to a DMV administrative hearing.
Further, a refusal may have a significant effect on the ability of the defense attorney to negotiate a disposition to the case. However, there may be valid reasons for a refusal, such as if the incident results in bodily injury to another motorist/pedestrian, if you face a felony DWI if charged (prior DWI conviction), or if your job depends on your ability to drive. This instance calls for the assistance of an experienced DWI attorney.
If you need the best DUI/DWI attorney on Long Island, NY, please contact us at the Law Offices of Michael W. Alpert at 516-280-7288 or e-mail malpert@alpertlegal.com.