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-Drug charges, as well as those who were searched unlawfully. 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 a DWAI for drugs, contact our Rochester office at to discuss your case with one of our experienced lawyers.

DWI Do’s And Don’ts

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 when 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 to schedule a free consultation. You may also contact us online



Napier & Napier
16 West Main Street
Suite 700
Rochester, NY 14614

Phone: 585-504-0904

Fax: 585-232-5368

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Napier & Napier is located in Rochester and serves clients throughout the surrounding area in New York.