Last Updated on: 27th July 2023, 06:28 pm

Navigating a DWI Stop in N.Y.

So, you’re cruising around in New York and flashing lights appear behind you. Suddenly, you’re suspected of a DWI. Don’t panic! I’m Todd Spodek from the Spodek Law Group and we’re here to help you understand what’s going on.

First thing, you need to know, New York is known as an “implied consent state”. Sounds intimidating, right? All it suggests is that when the police ask you for a blood alcohol content test, you have implicitly agreed to his request as a driver on New York roads.

No Obligation for Field Sobriety Testing

Who says you can’t refuse to go through blood alcohol content testing? You certainly can! Standard roadside field sobriety tests like the horizontal gaze nystagmus, walk and turn, and one-legged stand test are not mandatory.

Potentially, the officer might coerce you for blood alcohol testing using a portable device. But, beware! Refusing these tests comes with repercussions.

Nitty-gritty stuff: If you turn down these tests, you could lose your driver’s license instantly and could be hauled down to the police station for more testing. And guess what? You’ll also have to bear the costs of your vehicle’s towing and storage fees! Bad day gets worse, huh?

At this point, if you cause injuries to someone while driving under the influence, they could get in touch with us at Spodek Law Group to seek legal action.

Add-on Blood Alcohol Testing

After a joy ride to the local police station, be prepared for a breathalyzer test. Now remember, refusing this can make your situation more complicated. If you’ve refused the breathalyzer test, this can be projected in court as admission of guilt, leading to automatic suspension of your driver’s license.

Special Scenario: Accidents with Injuries or Fatality

Here, the game changes entirely. No consenting to blood alcohol content testing would be irrelevant in cases involving personal injury or death. The cops have the power to summon a judge to issue a search warrant for your blood testing.

So basically, they’re getting your blood anyway. It just depends how they’ll get it!

A DWI Stop: Two Case Scenario

Refusing to give the blood alcohol test might save you from a criminal charge but you’ll still face two dilemmas:

1. The actual DWI prosecution
2. A DMV hearing over your refusal to take the test.

It all starts with the Report of Refusal prepared by your arresting officer at the station. And you’ll have to attend a hearing within 15 days from your refusal.

Peek into the DMV Hearing

In this hearing, our administrative law judge will investigate four key things:

1. Did the officer reasonably suspect intoxication or drug consumption?
2. Were the arrest conditions justified?
3. Were you sufficiently warned about license suspension for a year if testing was refused?
4. Did you really refuse the test?

If the judge perceives any of these issues negatively, you might just get your license suspension cleared. But we won’t lie, if it’s a positive on all four, brace yourself for a license revocation for a minimum of a year. Conditional licenses could be an option given you plead guilty or are found guilty in a DWI case.

Important Notice:

Obtaining your original license after a DUI stop could be a Herculean task. But don’t you worry, we provide top-notch defense in DWI and refusal hearings in all New York City boroughs.

Trapped in NYC DWI Arrest? Here’s how you can get your car back

Now, driving under influence can get your car confiscated by NYPD for evidence, forfeiture, or safekeeping. You can retrieve it, but it’s crucial to know why your car was confiscated in the first place.

Collection Requirements

If your car is taken for arrest evidence, you can expect a letter from the New York City Police Department. It details all the documents required to retrieve your car, like:

1. Certificates of title
2. Photo identification
3. Proof of insurance (if the car is to be driven)
4. Notarized letter from the title owner (if the owner cannot claim the vehicle)
5. Documents for a lien holder or insurance company claiming
the vehicle

Note:

If the vehicle is inoperable, you would be required to provide your own towing service.

What if the Vehicle is Held as Forfeiture Evidence?

In case, your vehicle is being held as forfeiture evidence, keep both NYPD aut pound and New York Police Department Civil Enforcement Unit in the loop. But hold on, do you even know where all the NYPD auto pounds are located?

Vehicle being Held as Arrest Evidence

If the police have confiscated your car as arrest evidence, you better get your NY criminal defense lawyer to request a district attorney release. What’s that? It’s a document indicating your car is no longer required as evidence and can be released by NYPD.

Getting your Car from NYPD Legal Bureau

Once your vehicle is taken for forfeiture, the stage is set for bargaining with the NYPD legal bureau. In exchange for your vehicle, you will have to prove that you are undergoing alcohol/substance abuse treatment.

Do Police Really have to Read You Your Rights in a DUI Case?

Did the officer forget to read your rights during the arrest? Gotcha! They’ve faltered. Every individual, yes, including you, has legal rights. Here, we’re referring to your Miranda rights (you might have come across this term in TV shows or movies). They don’t always read these rights to you out loud, but they are mandatory whenever you’re arrested for a DUI and being interrogated or questioned about the crime.

Clarification:

The officer isn’t required to read you your rights the moment you’re pulled over. This though doesn’t mean you should engage in a chat with them! Here’s one thing to remember: say nothing until your lawyer arrives.

Insider Tip:

Even a seemingly insignificant comment can lead to your self-incrimination. So, the golden rule is to say nothing and call us! The Spodek Law Group is here for you.

Remember, we handle car repossessions in all regions, Queens, Brooklyn, Staten Island, Bronx, Long Island, Suffolk County, and Nassau County. So, call anytime and we’re here to help you navigate these troubled waters.

In New York, if you are stopped by the police under suspicion of a DWI, you are required to submit to blood alcohol content testing. Refusing any of these tests can result in confiscation of your driver’s license on the spot, and your vehicle being towed from the scene of the traffic stop.

Even though you can’t be charged criminally for refusing to submit to blood alcohol testing, two cases will spin off of the DWI arrest. The first one is the actual DWI prosecution, and the second one is a refusal hearing before a Department of Motor Vehicles (DMV) hearing officer.

Not consenting to blood alcohol content testing becomes irrelevant in cases involving personal injury or death. Police can ask a judge to issue a search warrant for your blood to be tested.