What Should You Do During A DWI/DWAI Traffic Stop?

Driving home after a night celebrating with friends or family you may see headlights in your rearview mirror. Regardless of actual alcohol or drug use, a law enforcement officer may suspect that you are driving while intoxicated (DWI) or driving while ability impaired (DWAI) due to drug use. Both of these charges can carry severe repercussions, including high fines and loss of driving privileges. How you comport yourself during a traffic stop can greatly influence your potential charges and penalties.

At Napier & Napier, we regularly defend New York residents accused of DWI or DWAI-Drugs. Our attorneys compiled the below information to inform you of your rights, and help you protect your case before you speak with a criminal defense attorney.

If you are charged with DWI or DWAI, contact our Rochester office at 585-512-8229 to discuss your case with one of our experienced lawyers.

Know How To Protect Your Rights

If you are pulled over by a law enforcement officer who suspects that you are driving under the influence of drugs or alcohol, follow our attorneys' advice below:

  • Do not answer the officer's questions. The police officer's questions are intended to gather evidence of intoxication or drug use. Politely refuse to answer all questions, and request to speak with your attorney.
  • Refuse to take a Breathalyzer test. You are not required to submit to a portable Breathalyzer test. Politely decline to take the test. While their results are not admissible in court, they can provide the officer with probable cause for an arrest.
  • Decline to perform field sobriety tests. Field sobriety tests rely upon the opinion and judgment of an officer who is looking to validate his assumption that you are under the influence of drugs and alcohol. Wobbly balance, fumbling and other actions that can easily occur sober may all be used against you. Politely decline to participate in the tests.
  • Keep your important documents readily accessible. If you struggle to locate key documents such as your vehicle registration information, an officer may assume that this is due to intoxication. Keep your documents in an organized envelope within your glove compartment so that you can quickly present them to an officer if requested.
  • Contact an experienced defense attorney. Do not try to defend your own case. Call a skilled attorney who understands your legal rights and can develop a personalized defense strategy to protect your best interests.

Contact Us For Strong Defense

Each of our attorneys has over 30 years of criminal defense experience. We understand how to craft a strong criminal defense strategy given your case's unique circumstances. If you are charged with drunk driving or DWAI, call Napier & Napier at 585-512-8229 to schedule a free consultation. You may also contact us online.

Contact Us For Strong Defense

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact

Napier & Napier
36 West Main Street, Suite 500
Rochester, NY 14614

Phone: 585-512-8229
Phone: 585-672-7827
Fax: 585-232-5368
Rochester Law Office Map