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A DWI arrest in New York is a serious matter that can lead to significant legal consequences. Knowing the common pitfalls many people fall into after such an arrest can greatly impact the outcome of your case. From unintentionally incriminating oneself to misunderstanding one’s rights regarding field sobriety and breath tests, these mistakes can complicate your legal situation and potentially result in harsher penalties. Being informed and cautious post-arrest can help minimize the negative impacts and give you a better standing in any subsequent legal proceedings.
If you have been arrested for DWI in New York, it is crucial to seek legal guidance promptly in effectively dealing with the aftermath of the arrest. At Perez Justice Law, we can guide you through what happens after a DWI arrest and provide support throughout the legal process. We will analyze your case, explore possible defenses, and work towards achieving a favorable outcome. Contact us today for a consultation….
Possible Reasons for Initial Traffic Stop
When facing a DWI arrest in New York, understanding why the police stopped you in the first place can significantly influence the defense strategy. Traffic stops are a common starting point for DWI charges, and they typically stem from a few specific scenarios.
Simple Traffic Violations
The most common reason people get pulled over is actually because of tinted windows, obstruction of view, or a broken taillight.In the state of New York, you can also get pulled over if you have something hanging from your rearview mirror.
Driving Improperly Late at Night
Police officers are usually just looking for criminality. However, if they see a reason to pull you over on a Saturday or a Friday night when they suspect there are a lot of people on the road drinking and driving, then they can use any excuse to pull you over.
If you thought you were pulled over improperly, the next step is to look for cameras where you were pulled over. You should take pictures of whatever road signs you saw or that you think you did not violate which the police claimed you had.
In both scenarios, the initial traffic stop is a critical element of the DWI case. For anyone stopped and subsequently charged with a DWI in New York, it’s essential to remember that the reason for the stop can affect the entire course of the legal proceedings. Also, understanding these common causes can help driers be more aware of their behavior on the road and potentially avoid situations that could lead to serious legal consequences.
Key Mistakes to Avoid Following a a DWI Arrest
A DWI arrest in New York can be a challenging matter to handle, and the actions taken immediately afterward can significantly impact the outcome of the case. Many individuals inadvertently make critical errors during and after the arrest without understanding the legal ramifications. Here are some of the common mistakes that can complicate a DWI defense.
Being Involved in an Accident
If there was an accident, it matters how severe the accident was. An accident would be an aggravating factor that could complicate your DWI because the prosecutor will look at that when evaluating what potential plea to offer and how to proceed with the case.
Admitting Alcohol Consumption to the Police
Another mistake people make is the statements they tend to give police officers. Ninety-nine percent of the time when someone is pulled over by a police officer, one of the first things law enforcement will ask for after the license and registration is how many drinks you had. For some reason, the usual response. is one or two beers.
People are generally of the mentality that they do not want to lie to an officer, but they also want to downplay the criminality. Admitting to having consumed any kind of alcohol is the worst thing anyone can do because it will complicate their case.
If you are ever pulled over, the only thing you should ever say to the police officer is that you do not drink. If the police officer asked how many drinks you had, you should never admit to drinking because that would substantially hurt your case.
Dealing with the Portable Breath Test
The next issue is whether or not you had to take the portable breath test or the Alco-Sensor after you stepped out of the car. This is a little gadget that you would have to blow into at the side of the road when you were pulled over. The portable breath test is not a reliable test and can never be admitted into evidence if the case were to go to trial.
The machine is also called an Alco-Sensor, and it will tell the officer whether or not there is a presence of alcohol on your breath. The officer would have to wait 20 minutes before administering this test to make sure you had not consumed any food or put anything in your mouth that would cause a false positive or false negative.
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.