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NY Defense Attorney Explains | Two Common Mistakes People Made When Being Detained for DWI

Posted by Daniel DuBois | Sep 07, 2022 | 0 Comments

Welcome back to the blog. We've covered in the past what you can expect when you're arrested for a DWI or DWAI and what happens if you refuse a field sobriety test. Today, we're going to cover some common mistakes people make when they find themselves getting arrested.

First things first, if have been pulled over for a DWI, you're going to want to know how bad it actually is. What's the prosecutor thinking? Can I get leniency? Before rushing in to a decision, speak with a trusted New York criminal defense attorney to evaluate your case and discuss your options. This way, you can avoid many of the common mistakes made.

Mistake Number 1: Telling The Police You've Had Anything to Drink

An extremely common mistake people make when being stopped by an officer is admitting to drinking. Nearly every time an officer pulls someone over, they'll ask for your license, registration, and how many drinks the suspect has had. People reflexively tend to answer that they've had a beer or two.

People want to be truthful to police officers, typically. However, they also want to downplay any criminality. Making an admission that you've had alcohol is among the worst things you can do for your case. It makes your case significantly more complex than it otherwise could have been.

There's been more than a couple of occasions where courts decided that several hours passing after a drink is enough to charge someone with a DWI. This means that even having a single drink, many hours ago, gives the police reasonable suspicion to have you step out of the vehicle and give a breathalyzer test. If you're ever pulled over by the police, the only thing you should say is “am I free to go?” and not admit to drinking. If you're being detained, zip your lips until your lawyer arrives. 

Mistake Number 2: The Portable Breath Test

The Portable Breath test, or PBT, is a little gadget with a staw that you blow into. These little devices vary wildly in their results and have specific guidelines for their use. The results of these tests are not automatically admissible because of these limitations. Refusing the test carries a 2 point penalty for your license, but it can save you trouble in court. The exact specifics of your case may determine whether or not you should take the test. 

Another factor is that police must observe the suspect for at least 20 minutes before the test can be administered. Otherwise, the potential for a false positive or even a false negative is significantly higher. Failing to follow the guidelines can potentially get evidence suppressed. 

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS, AND THE OUTCOME OF YOUR PARTICULAR CASE OR MATTER CANNOT BE PREDICTED USING A LAWYER'S OR LAW FIRM'S PAST RESULTS. EACH CASE IS UNIQUE AND SHOULD BE EVALUATED THROUGH A PHONE CALL OR MEETING WITH DANIEL DUBOIS, WITHOUT COMPARISON TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.

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Facing any charge is a stressful endeavor. If you or someone you know needs a gun crime defense lawyer or a criminal defense attorney at all, don't hesitate to reach out to DuBois Law. You're innocent until proven guilty.

Remember to stay up to date with our blog, where we regularly go over these higher-level looks at NY Law, go over the process of arrest, and more. Don't just take our word for it, check out our Testimonials and Google Reviews! Everyone deserves the best representation to prove their side, which is why we have financing plans to be flexible for you. 

Save yourself the trouble of searching “best criminal defense lawyers near me,” remember to call Dan DuBois Law at (888)-NT-GULTY [(888) 684-8589] or fill out a contact form. Get your FREE consultation today.

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