New York DWI FAQ

What do I do if I’m stopped for DWI?

Above all else, stay calm and be polite. Remember that police officers are there to keep us safe. They have a difficult job, and should be shown respect.

Roll down your window, shut off your radio, stay seated, and wait for the officer to approach your vehicle. Keep both hands in the officer’s sight at all times, preferably on the steering wheel. When the officer asks you to produce your license and registration, tell him where the documents are located. Then, once the officer knows and can see where you’ll be reaching, move slowly. A traffic stop is a scary situation for you and the police officer. Keep in mind that the officer is approaching a strange vehicle, generally cannot see the inside of it, and knows that he’s walking into a situation that could quickly escalate. For this reason, officers are constantly “on guard,” watching for sudden movements to protect themselves from the possibility of being attacked or having a weapon drawn on them. Don’t make the situation worse by acting angry, defensive, or accusatory toward the officer.

The decision of whether or not to accuse you of DWI is influenced by many factors, including your behavior. Everything you do or say from the very first moment that the police officer sees your vehicle will be used and construed against you in court. If you’ve consumed any alcoholic beverages before driving, you will most likely be arrested, regardless of what you do or do not do.

Regardless, don’t give up hope and submit to everything the officer tells you to do. Politely protect your right against self incrimination. Pay no attention when the officer threatens that “you’ll spend the night in jail if you don’t cooperate.” That will probably happen anyways. The officer wants to pressure you into giving him evidence to use against you. Don’t make his job easier than you have to!

Calmly accept the fact that you will not be able to talk your way out of the situation. In fact, the more you talk, the more information you’ll probably give the officer to support his conclusion that you’re under the influence of alcohol or drugs. For this reason, it’s in your interest to politely keep your mouth shut. If you feel the need to speak, tell the truth. Lying will only make the situation worse.

We advise that you follow these general guidelines in the event you’re stopped by a police officer:

1. Give the officer your license, registration, proof of insurance, and
2.DO NOT answer any questions concerning where you’ve been
or what you’ve consumed. Do not consent to a search of your vehicle.
3. DO NOT TAKE ANY ROADSIDE TESTS, especially a hand-held breath test.
4. Ask to leave the scene, by cab or on foot, without your keys.
5. If you are arrested, do not resist, remain silent, and decline any breath,
blood, or urine tests until you first SPEAK WITH AN ATTORNEY.
6.CALL AN ANELLI XAVIER ATTORNEY at (866) 394-1234 at anytime, any day.

How do I avoid a DWI charge?

Don’t drink and drive.

It’s not illegal to drink and then drive. It’s only illegal to drive once your physical and mental abilities are impaired by an intoxicating substance. However, planning ahead and not driving if you’ve had anything to drink are the best ways to steer clear of a serious criminal matter that can take a long time to resolve, cost you your license, and give you an arrest and/or criminal record that may last for the rest of your life.

Here are a few practical pointers you should follow to avoid a DWI charge:
• Before you have any drinks, decide who’ll be the “designated driver” for the night.
• Use a taxi service or public transportation. The cost of a cab ride home will be substantially less expensive than the cost of a DWI.
• Call a friend or a family member to pick you up. You can pick up your car in the morning. If you’re worried about a parking ticket or your car being towed, the cost of both combined are, in all likelihood, less than the lifetime cost of a DWI arrest and conviction.
• Sleep it off at a nearby hotel or friend’s house. If you’re worried about being late for work in the morning, remember that spending the night in jail will only make it harder for you to get to work on time.