Protecting against a DWI Charge

DWI Charge

A Driving While Intoxicated conviction can severely impact your ability to work or to find new employment. Insurance companies typically jack up their premiums after a DWI conviction, while a criminal record can lead employers to think you exercise poor judgment. You have to pay hundreds of dollars in fines, and more in civil penalties just to reinstate your license once the suspension period is over. Of course, there is also jail time to consider.

If calling up a taxi or arranging for a friend to drive you home sounds like a big hassle, compare it with being arrested or getting into an accident. This website provides you with complete information regarding legal laws. 

Most New York DWI attorneys prioritize keeping you out of jail, and preserving your driving privileges. Of course, the best way to prevent a drunk driving conviction is simply never to be in a position to be arrested in the first place. So consider these tips before getting behind the wheel:

1. Have a Designated Driver

While it may sound a buzzkill for one person to enjoy the night out less than the others, someone to drive your group home can save a lot of worries later. In turn, respect your designated driver’s time.

2.  Obey Traffic Laws

People have different levels of alcohol tolerance. Remember that the police must have a probable reason to stop your vehicle. If you remember to obey traffic laws, keep to the speed limit and a good safety distance, there is no reason to single out your vehicle. If you remember that your judgment may be impaired by alcohol or medication, resist the urge to hurry, have patience, and you’ll get home without any problems. You can also visit this website to get detailed information about traffic laws.

3. Don’t Antagonize the Police Officer

Abusing, insulting and threatening the police officer that stops your car never accomplishes anything. It can only make your situation worse.

DWI charges can compound with other offenses. If you were stopped because of a traffic violation? That remains. Refuse to stop, insult, or threaten the police officer? Those additional charges compound upon the DWI/DUI case. If you’re driving while intoxicated with a minor in the car? Reckless endangerment of children, or Leandra’s Law hits you.

4. Don’t Compile Evidence

Field sobriety tests are about gathering evidence to be used against you. The police officer is not your friend and anything you can be used against you. It is lawful to refuse to take a breathalyzer, with the rationale of such tests being unreliable. New York’s implied consent rule with automatic 1-year suspension is for refusing the chemical or urine test, not the breathalyzer or the physical field sobriety test.

Drinking and driving per se is not illegal, remember that the limit for Driving While Ability Impaired (DWAI) is greater than a BAC of 0.05%. Results may skew higher despite being actually under the legal limit.

For a DWI/DWAI case, it must be proven that your ability was impaired through the officer’s observations of the field sobriety test. However, there may be other factors that can cause you to fail such tests without necessarily being intoxicated. If you refuse, you will be arrested and held, but this allows you to retain the presumption of innocence and lets you contact your attorney as soon as possible. For further details about legal rights, visit this dedicated website: