What Happens at a NYC DUI Traffic Stop?

Here in New York City, police take DUI and DWI very seriously. They even create checkpoints. The question many people ask is, “What happens at a NYC DUI traffic stop?”

There is a chance you will find yourself in the middle of a DUI traffic stop, even if you aren’t guilty of a DUI. This also means you could be arrested for DUI, even if you are not guilty. Greco Neyland, PC, can provide a skilled defense after a DUI arrest.
It’s vital to understand how the traffic stop works and what you need to do when it happens. It’s also relevant to note that, while most people use “DUI,” short for driving under the influence, New York State uses the term “DWI,” or driving while intoxicated. They are the same charge, and these terms are often used interchangeably.

Police Questions Are Evidence-Gathering Questions

Police need probable cause to arrest you for DUI or to start demanding field sobriety tests. The moment they start asking questions like these is the moment you must be careful:

• Have you been drinking?
• When did you drink?
• How much did you drink?
• Do you have any physical or medical conditions?

While you should remain polite and calm, if you can’t truthfully answer “no” to “have you been drinking” you should go ahead and start saying, “I exercise my 5th Amendment Rights and decline to answer.”

Note that officers are also looking for physical signs that you’ve been drinking, including the smell of alcohol, whether your speech is slurred, and whether your eyes look red or bloodshot.

What to Do When You Are Asked to Leave the Car?

If you are asked to leave the car you do not have the right to decline.

In the 1977 Supreme Court case Pennsylvania v. Mimms, the Supreme Court ruled that police officers have the authority to order you out of your vehicle. You cannot withhold consent.

All they need is a “reasonable belief” that you have committed a DUI or traffic violation. They can tell the courts that you were driving erratically or that they smelled alcohol and they’ll have plenty of justification.

Testing

You will be asked to take a field sobriety test. This is a set of physical activities that are allegedly easy for someone who is sober.

You will also be asked to submit to a breath test.

In New York you imply consent to a breath test by driving on the road. You do have the right to refuse a field sobriety test, but refusing can be used against you. The prosecution will use it to establish that you had a “consciousness of guilt.”

The truth is, once you get out of the car there’s a good chance you will be arrested for DUI. It’s better to just take the tests without saying anything. Your focus should be on avoiding a conviction, not on avoiding an arrest.

Arrest

Once you are arrested you will probably be asked to take a blood test as well. Blood tests are also covered by New York’s implied consent law, as are urine tests. If you do not consent the DMV immediately suspends your license, you’ll have mandatory prison time if you get convicted, and the police will likely take your blood anyway.

At this point, just keep asserting your right to remain silent and your right to an attorney. Nothing you say or do is going to keep you out of jail tonight, but doing this can get you out of jail faster, and undermine a conviction.

DUI Statistics in NY

Annually, drunk drivers cause over 17,000 deaths nationwide. In the Empire State, slightly over 30% of fatal crashes are alcohol-related, and an injury associated with drunk driving occurs an average of every two minutes. Around three in ten Americans are involved in alcohol-related crashes at some point in their lives, and 16% of weekend nighttime drivers test positive for illegal drugs crime.
If you’re one of the many New York residents facing drunk driving charges, you can hire a DUI attorney to improve your chances of having your charges dropped or reduced. They can also work to obtain a not-guilty verdict if you go to court.

How a Lawyer Can Help You

There’s a reason why people recommend retaining legal counsel immediately after your arrest or before you speak with the police. A DWI lawyer can help you navigate complex legal processes, work to minimize jail time and fines, and seek to protect your license. Your attorney can:

• Identify flaws in breathalyzer or blood tests.
• Challenge improper police procedures.
• Negotiate a favorable plea bargain.
• Help you seek a hardship license.
• Keep track of court dates and file paperwork.
• Litigate your case in court should it go to trial.
• Protect your rights throughout the legal process.

Hiring a DWI lawyer is a good way to protect yourself against the worst potential impacts of a DUI case in New York.

FAQs

What Are the Three Phases of a DUI Stop?

The three phases of a DUI stop are:

1. Observation: This occurs while the vehicle is in motion. The officer establishes reasonable suspicion to legally pull the vehicle over.
2. Investigation: The officer approaches the car and assesses the behavior and physical condition of the driver. The officer is attempting to determine whether there is reasonable suspicion of impairment. If so, they will ask them to undergo testing.
3. Testing: The officer conducts a field sobriety test or preliminary breath test.

Is Your License Suspended Immediately After a DUI in NY?

Your license is not suspended immediately after a DUI in New York. It will remain valid until your first court appearance. At the arraignment, the details of your case will determine what happens to your license. In most cases, it will be suspended for six months or longer. If you refuse to provide a sample to the police to determine your BAC, your license will be revoked for at least one year, regardless of whether you are convicted.

What Is the Most Common Sentence for a First DUI in NY?

The most common sentence for a first DUI in New York involves a combination of:

• Fines
• Probation or conditional discharge
• Mandatory attendance at a victim impact panel

However, you could face up to a year in jail. Your sentence will depend on whether there were aggravating or mitigating factors. Your license will also be revoked, and you’ll be ordered to complete the NY DMV Impaired Driver Program.

What BAC Level Can Lead to DUI Charges?

For most drivers, a BAC of 0.08 can lead to DWI charges. However, even a 0.05 BAC can result in a DWAI, or driving while ability impaired, charge. For minors, a 0.02 BAC can cause them to face a DWI charge. No matter the situation, if you are arrested on suspicion of drinking while driving, do not provide more than basic information and ask to speak with a lawyer.

Hire a DUI Lawyer Today

If you or a loved one is facing DUI charges, you need to hire a DUI lawyer right away. There are numerous ways we can challenge a DUI, and Greco Neyland, PC, can work to get your charges dropped or dismissed. Our team has a clear idea of how to leverage the NYC DUI laws to prevent our clients from suffering the most serious DUI penalties. We can help you, too. Contact us to schedule an initial consultation.
See also:

New York DWI Lawyer Answers to the Most Common Questions About Field Sobriety Tests

What Happens Between Arrest and a New York Criminal Trial?

How to Properly Invoke Your Right to Remain Silent, and Why It Matters