New York DWI Attorneys know that it is one of the worst nightmares for many motorists; the image of those red and blue lights approaching from behind as you are on your way home from dinner or a party. It doesn’t matter if you have had only one drink, or if it has been hours since your last; being pulled over for a New York DWI while having even the slightest bit of alcohol in your system is a terrifying experience.
Part of the reason why drivers fear being pulled over is the uncertainty. Most people do not get behind the wheel when they know they have had too much to drink. Indeed, the majority of DWI arrests are for drivers who thought they were below the legal limit, but that ended up not to be the case. However, what many people do not realize is that there is a lot of subjectivity that goes into a New York DWI arrest.
First is the issue of whether a police officer has the legal ability to stop a car and administer a breath test. Police officers need to have a justifiable reason to pull a vehicle over. Once a car pulls over, a motorist can only be asked to take a breath test if police have reasonable suspicion to believe that they were driving under the influence. If the police ask for a breath test and a driver refuses, then they are subject to administrative penalties, including a minimum one-year license revocation for the first time and a minimum eighteen-month revocation for subsequent refusals. In addition, a police officer may ask a motorist to take a portable breath test on the side of the road. While the results of such a test would not be admissible at a DWI trial, the results may lead a police officer to request a chemical test at the station and refusal to take the portable test is a traffic infraction punishable by 2 points on your license.