6 Things You Should Do If You’re Pulled Over for a DUI, DWI, or DWAI in New York State

Being pulled over on suspicion of drunk or impaired driving can be stressful, intimidating, and confusing. In New York State, these cases are often referred to as DWI, but can also include Driving While Ability Impaired by Drugs, or DWAI 

No matter what term is used, the situation should be taken seriously from the very beginning.

A traffic stop can quickly lead to questioning, roadside testing, an arrest, license consequences, and criminal charges. What you say and do during those first few minutes may affect the rest of your case.

If you are pulled over for a suspected DUI, DWI, or DWAI, here are six important steps to keep in mind.

1. Pull Over Safely and Stay Calm

As soon as you see emergency lights behind you, slow down, use your turn signal, and pull over in a safe location as soon as reasonably possible. If there is no immediate shoulder or safe place to stop, reduce your speed and continue carefully until you can pull over safely.

Once stopped, put the vehicle in park, turn off the engine, and keep your hands visible on the steering wheel. Avoid sudden movements, reaching around the vehicle, or immediately opening the glove box before the officer approaches.

A calm, cooperative demeanor can help keep the situation from escalating. Even if you believe the stop is unfair or unnecessary, the roadside is not the place to argue your case. That comes later, with the help of an attorney. 

However, be cognizant that the DWI Investigation has begun the second the police lights come on!  Police officers are trained to observe vehicles in motion both before they activate their overhead lights and afterwards, so be mindful to obey all rules of the road from the first moment of police interaction. 

2. Be Polite, But Stay Guarded About What You Say

You should be respectful and courteous during the stop. However, you should also remember that anything you say may later be used as evidence.

Officers often ask questions such as:

• “Do you know why I pulled you over?”
• “Have you had anything to drink tonight?”
• “Where are you coming from?”
• “Where are you headed?”
• “When was your last drink?”

These questions may seem casual, but your answers can become part of the case against you. You do not need to be rude or confrontational. You can be polite while still protecting yourself.

For example, you may say something simple like, “Officer, I would prefer not to answer any questions without speaking to an attorney.”

The goal is not to be difficult. The goal is to avoid giving statements that may later be misunderstood, taken out of context, or used to support an arrest.

3. Provide Required Documents, but Do Not Volunteer Extra Information

During a traffic stop, you will generally be asked to provide your driver’s license, vehicle registration, and proof of insurance. You should provide those documents when requested.

What you should avoid is volunteering unnecessary explanations. Many people become nervous and start talking too much. They may try to explain where they were, how much they drank, why they were driving a certain way, or why they “feel fine.”

Unfortunately, those statements can create problems. Even a statement meant to sound harmless can be interpreted in a way that supports suspicion of impairment.

Keep your responses brief, calm, and respectful. Provide the required documents, but do not feel the need to fill the silence or explain your way out of the situation.

4. Take the Breathalyzer or Chemical Test

During a DUI or DWI stop, an officer may ask you to participate in field sobriety tests, roadside screening, or chemical testing. These may include walking and turning, standing on one leg, following an object with your eyes, or submitting to a breath, blood, urine, or saliva test.

In New York State, you can refuse to take both the Standardized Field Sobriety Tests and the roadside screening device, commonly referred to as the Pre-Breath Test or PBT. The PBT is a handheld device officers may ask you to take on the roadside to corroborate their findings of alcohol consumption. The result of the PBT is not admissible in court, except to show the presence of alcohol.

You can refuse the roadside PBT and field sobriety tests with no consequences, but you should do so politely. This is different from a chemical test, including blood, breath, urine, or saliva, which can carry serious consequences if refused. If the Department of Motor Vehicles finds that you refused a chemical test, you may face a one-year revocation of your driver’s license.

Many people assume refusing a chemical test will make the case against them weaker, but that is not always true. Refusal can lead to license penalties that may take effect before the underlying case is resolved and may also limit the defense options available later.

Taking the test does not mean the case is over. Even if a test result is above the legal limit, your attorney may still be able to challenge key parts of the case, including whether the traffic stop was lawful, whether proper procedures were followed, whether the testing equipment was maintained correctly, whether the test was administered properly, and whether the result is reliable.

Field sobriety tests can also be challenged. If you take the Standardized Field Sobriety Tests, it is critical to work with an attorney trained in the proper administration of these tests. An attorney may be able to raise issues involving lack of proper medical clearance, instruction, demonstration, or interpretation of the client’s mental and physical abilities.

A person’s performance may also be affected by nerves, fatigue, medical conditions, injuries, weather, footwear, uneven pavement, poor lighting, or other factors that have nothing to do with impairment. Generally, these tests lack scientific validation and are often little more than circus tricks.

This is one of the reasons DWI cases can be complicated. The criminal charge, the test results, and the license consequences all need to be reviewed carefully and strategically.

5. Do Not Consent to Unnecessary Searches

In some stops, an officer may ask to search your vehicle. You should never physically resist or interfere with an officer. However, you do not have to consent to a search simply because you are asked.

If an officer asks for permission to search your vehicle, you may calmly state, “I do not consent to a search.”

That does not guarantee the officer will not proceed. There may be circumstances where law enforcement believes they have legal grounds to search the vehicle. But clearly stating that you do not consent may help preserve an important issue for your defense attorney to review later.

Again, the key is to remain calm and respectful. Do not argue, do not physically block the officer, and do not escalate the situation. Protect your rights clearly and calmly.

6. Contact a Criminal Defense Attorney Immediately

If you are arrested or charged with a DUI, DWI, DWAI, or another alcohol-related driving offense, contact an experienced criminal defense attorney as soon as possible.

Time matters.

There may be court appearances, license suspension issues, DMV consequences, evidence deadlines, and important decisions that need to be addressed quickly. An attorney can review the legality of the stop, the officer’s observations, field sobriety testing, chemical testing, refusal issues, video footage, paperwork, and any statements allegedly made during the stop.

You should also write down what you remember as soon as you can. Include details such as:

• Where and when the stop happened
• Why the officer said you were pulled over
• What questions you were asked
• What you said in response
• Whether any tests were requested or performed
• Whether there were passengers or witnesses
• Whether there were medical, physical, or environmental factors that may have affected the stop or testing

Small details can become important later.

A DUI or DWI Charge Can Affect More Than Your License

An alcohol-related driving charge can affect your driver’s license, employment, insurance, finances, reputation, and future. In some cases, penalties may include fines, license suspension or revocation, mandatory programs, ignition interlock requirements, probation, or even jail exposure.

Every case is different. The facts matter. The traffic stop matters. The testing matters. The paperwork matters. Your prior record, if any, also matters.

That is why it is important not to assume your case is hopeless and not to try to handle it alone.

Talk to Tiveron Law About Your DWI Defense

At Tiveron Law, our criminal defense attorneys understand how stressful and overwhelming a DWI or alcohol-related charge can be. James R. Maloney has extensive experience representing clients facing serious criminal charges and is recognized for his work in DWI and DUI defense throughout Western New York. Mr. Maloney is also an SFST Practitioner, SFST Instructor, and Advanced Roadside Impaired Driving Enforcement (“ARIDE”) certified by the National Highway Traffic Safety Administration.

If you have been pulled over, arrested, or charged with a DWI, DUI, DWAI, or alcohol-related driving offense, contact Tiveron Law today to discuss your situation and protect your rights.

Call Tiveron Law at 716-636-7600 to schedule a consultation today.