Pulled Over? Your rights!
If you are pulled over for suspicion of DWI, you have rights that may be exercised. It is important to understand these rights because exercising them may minimize the chance of a conviction or misconduct by the police.
What are some of the rides that you can exercise?
When you are being investigated for a DWI, there are several rights that you may invoke. These include:
1) The right to remain silent: police officers may ask you questions to gather evidence. For example, they may ask how much you had to drink. Under the United States Constitution, you have the right to remain silent and are not obligated to provide responses to these questions. Exercising your right to remain silent cannot be used against you in court.
2) Refusal to do evidentiary tests: during a DWI investigation, the police may conduct various tests to gather evidence, such as field sobriety tests, breath alcohol tests and blood tests. You have the right to refuse to do these tests, however there may be penalties imposed in certain situations and the police could obtain a warrant.
There may be a presumption of guilt.
Your license will be immediately suspended and then revoked.
The prosecutors office will not plea bargain your case barring extenuating and rare circumstances.
3) Right to legal representation: during certain phases of a DWI investigation, you may have the right to have legal representation present. If you are arrested for a DWI, you can invoke your right to have an attorney present during any questioning. The police cannot ask you any questions about the case if you invoke this right until such time that you have an attorney present.
What about Leandra’s law in NYS??
- First time offenders driving while intoxicated (.08 Blood Alcohol Content [BAC] or more) or impaired by drugs, with a 15 year old or younger child passenger can be charged with a class E felony punishable by up to 4 years in prison.
- People charged with driving with a blood alcohol level of .08 or greater with a 15 year old or younger child passenger automatically have their license suspended during the criminal case.
- Drivers who drive while intoxicated or impaired by drugs and cause the death of a 15 year old or younger child passenger may be charged with a Class B felony, punishable by up to 25 years in State prison.
- Drivers who drive while intoxicated or impaired by drugs and cause serious physical injury to a 15 year old or younger child passenger may be charged with the Class C felony, punishable by up to 15 years in State prison.
- Even if no child is in the vehicle, anyone convicted of any felony or misdemeanor drunk driving offense is sentenced – in addition to any fine, jail or prison sentence – to a period of probation or conditional discharge. During that period, the driver is required to install and maintain an Ignition Interlock Device, for at least 12 months, in any motor vehicle he or she owns or operates. The driver also has an ignition interlock restriction added to his or her driver’s license.
- A parent, guardian, custodian or anyone legally responsible for a child who is charged with driving while impaired by alcohol or drugs while that child is a passenger in the car is reported to the Statewide Central Register of Child Abuse and Maltreatment by the arresting agency.
How can an DWI attorney help?
A DWI lawyer can advise you as to your rights in a DWI case. If you are charged with DWI, it is important that you have legal counsel to represent you in court. A DWI lawyer can review your case and provide you with options about how to proceed. A DWI attorney from Massimo & Panetta PC can present any applicable defense and advocate for your best interest.
If you have been charged With a DWI, contact Massimo & Panetta PC immediately to schedule a consultation.