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Common Mistakes Made after a DWI Arrest

Last updated on: October 30, 2024

By Lebedin Kofman LLP

A DWI arrest in New York is a serious matter that can lead to significant legal consequences. Knowing the common pitfalls many people fall into after such an arrest can greatly impact the outcome of your case. From unintentionally incriminating oneself to misunderstanding one’s rights regarding field sobriety and breath tests, these mistakes can complicate your legal situation and potentially result in harsher penalties. Being informed and cautious post-arrest can help minimize the negative impacts and give you a better standing in any subsequent legal proceedings.

If you have been arrested for DWI in New York, it is crucial to seek legal guidance promptly in effectively dealing with the aftermath of the arrest. At Lebedin Kofman LLP, our Nassau County DWI lawyers can guide you through what happens after a DWI arrest and provide support throughout the legal process. Our team can analyze your case, explore possible defenses, and work towards achieving a favorable outcome. Contact us today at (516) 212-4209 to schedule a consultation and take the first step towards protecting your rights.

Possible Reasons for the Initial Traffic Stop

When facing a DWI arrest in New York, understanding why the police stopped you in the first place can significantly influence the defense strategy. Traffic stops are a common starting point for DWI charges, and they typically stem from a few specific scenarios.

Simple Traffic Violations

The most common reason people get pulled over is actually because of tinted windows, obstruction of view, or a broken taillight.

In the state of New York, you can also get pulled over if you have something hanging from your rearview mirror. This happens all the time.

Driving Improperly Late at Night

Police officers are usually just looking for criminality. However, if they see a reason to pull you over on a Saturday or a Friday night when they suspect there are a lot of people on the road drinking and driving, then they can use any excuse to pull you over.

If you thought you were pulled over improperly, the next step is to look for cameras where you were pulled over. You should take pictures of whatever road signs you saw or that you think you did not violate which the police claimed you had.

In both scenarios, the initial traffic stop is a critical element of the DWI case. For anyone stopped and subsequently charged with a DWI in New York, it’s essential to remember that the reason for the stop can affect the entire course of the legal proceedings. Also, understanding these common causes can help drivers be more aware of their behavior on the road and potentially avoid situations that could lead to serious legal consequences.

Key Mistakes to Avoid Following a DWI Arrest

A DWI arrest in New York can be a challenging matter to handle, and the actions taken immediately afterward can significantly impact the outcome of the case. Many individuals inadvertently make critical errors during and after the arrest without understanding the legal ramifications. Here are some of the most common mistakes that can complicate a DWI defense.

Being Involved in an Accident

If there was an accident, it matters how severe the accident was. An accident would be an aggravating factor that could complicate your DWI because the prosecutor will look at that when evaluating what potential plea to offer and how to proceed with the case.

Admitting Alcohol Consumption to the Police

Another mistake people make is the statements they tend to give police officers. Ninety-nine percent of the time when someone is pulled over by a police officer, one of the first things law enforcement will ask for after the license and registration is how many drinks you had. For some reason, most people instinctively say they had one or two beers.

People are generally of the mentality that they do not want to lie to an officer, but then they also want to downplay the criminality. Admitting to having consumed any kind of alcohol is the worst thing anyone can do because it will complicate their case.

There has even been a case where the court of appeals found that 13 hours was enough time to charge someone with a DWI. This means that even if the person had a drink 13 hours ago, it could give reasonable suspicion for the police officer to have someone step out of the vehicle and carry out a breathalyzer test.

If you are ever pulled over, the only thing you should ever say to the police officer is that you do not drink. If the police officer asked how many drinks you had, you should never admit to drinking because that would substantially hurt your case.

Dealing with the Portable Breath Test

The next issue is whether or not you had to take the portable breath test or the Alco-Sensor after you stepped out of the car. This is a little gadget that you would have to blow into at the side of the road when you were pulled over. The portable breath test is not a reliable test and can never be admitted into evidence if the case were to go to trial.

The machine is called an Alco-Sensor, and it will tell the officer whether or not there is a presence of alcohol on your breath. The officer would have to wait 20 minutes before administering this test to make sure you had not consumed any food or put anything in your mouth that would cause a false positive or a false negative.

Common Mistakes Description
Being Involved in an Accident An accident complicates the DWI case as it serves as an aggravating factor, influencing the prosecutor’s decision on potential plea deals and the case’s direction.
Admitting Alcohol Consumption Admitting to drinking, even a small amount, can harm your defense and give police reasonable suspicion to conduct further testing. Always avoid admitting to alcohol consumption.
Taking the Portable Breath Test The portable breath test (Alco-Sensor) is unreliable and cannot be used as evidence in court. Participation in this test can complicate your case without offering conclusive results.

What is a Portable Breath Test? 

A portable breath test, commonly referred to as a PBT, is a handheld device that provides a digital readout of an individual’s blood alcohol content (BAC). Law enforcement officers often use PBTs to determine if a driver is operating a vehicle under the influence (DUI) or while intoxicated (DWI). These devices function by utilizing a chemical reaction to measure the alcohol concentration in a person’s breath. In New York, it is unlawful to drive with a BAC of 0.08% or higher, as stipulated in New York Vehicle and Traffic Law § 1192.2. For individuals under the age of 21, a lower threshold applies, as outlined in New York Vehicle and Traffic Law § 1192-A.

In the state of New York, breath analysis instruments that measure BAC, such as breathalyzers, must receive approval from the New York State Department of Health (DOH). The DOH maintains a list of approved devices, which can be found in their regulations. Whether the BAC results obtained from a PBT are admissible as evidence in a DWI trial depends on three key factors: the recognition of the specific PBT model as an approved device by the state, proper acknowledgment of the chemical test refusal warnings by the individual, and the correct administration and functioning of the PBT during the test.

When a driver is stopped for DWI in New York and consents to a PBT, the admissibility of the test results hinges on whether the test was conducted correctly and if the device was in proper working order. As per regulations, a police officer must wait at least 20 minutes before administering the PBT to mitigate the potential impact of mouth alcohol on the results. The prosecution bears the responsibility of establishing that the PBT was functioning properly at the time of the test, often accomplished through calibration both before and after the arrest.

When confronted with a DWI charge, it is essential to have the support of a reliable DWI lawyer. At Lebedin Kofman LLP, our experienced Nassau County DWI lawyers understand the challenges and possible issues involved in DWI cases, particularly the importance of portable breath tests. Reach out to us today to schedule a consultation.

Dealing with Field Sobriety Tests and the IDTU Video at the Station

The next issue is whether you performed field sobriety tests when pulled over and how you did on those tests. The officer takes an IDTU video when they bring you to the precinct, and how you looked on the video would be very important in regards to how your DWI case is evaluated and how it proceeds.

They will take into consideration whether you were falling down drunk or looked good, whether you were walking and turning properly, whether you were standing on one foot okay, and if you could touch the tip of your nose with your fingers. Generally, they are looking to see if you are coherent.

Your performance on the field sobriety tests is, of course, very important, but the crown of it would be how you did on the Breathalyzer given at the precinct on video. New York City uses the Intoxilyzer 5000EN, so they would see how you did on the test, what your reading was, how many times you had to take it, and whether it was an accurate machine.

Refusing the Breath Test or Field Sobriety Tests

If you refuse to take a breath test at the station, the officer will look to see if you also refused the portable breath test at the side of the road. Alternatively, they will check whether you gave the portable breath test reading and then decided to refuse the Breathalyzer when you got to the precinct.

If you decide to refuse, then it is best to refuse everything. Sometimes, people, with very high portable breath test readings, deciding to refuse the breath test at the precinct can actually end up prejudicing their refusal case.

In the case where you did refuse, you would actually need to have a separate civil proceeding at the DMV within 12 days of your arrest. The DMV would have to prove certain elements in order to give you a one-year license revocation, and in case you had refused, the statements you made would also affect your case.

Each of these mistakes can profoundly affect the defense strategy in a DWI case. Due to the serious and often complex nature of DWI charges, it is essential to engage a knowledgeable DWI lawyer immediately to protect your rights and develop a sound legal strategy based on the specifics of your case.

Enhanced Penalties for Specific Driver Categories in DWI Cases

In New York, the consequences of a DWI conviction can be severe and become even more stringent for certain categories of drivers. Recognizing the heightened penalties for repeat offenders and those holding commercial driver’s licenses (CDL) is crucial for anyone facing DWI charges. These enhanced penalties underscore the importance of a robust legal defense and an informed approach to dealing with DWI arrests and charges.

Additional Risks for Repeat Offenders

Your case will be affected if you were a repeat offender, meaning whether this was your first arrest or this was something you had done two or more times before. A lot of our practice involves dealing with people who have had two or sometimes even four or five DWIs. The highest number of DWIs we have seen was by a client who had 7 DWIs over 35 years.

Strict Penalties for Commercial Drivers with DWI Charges

Another consideration would be whether you had a commercial driver’s license and whether you were somebody who used their commercial driver’s license and needed to drive for work. Commercial drivers are often hurt the most because their licenses are usually suspended as soon as they are arrested, leaving them unable to work.

Any plea that a commercial driver takes, such as a VTL plea or even a downgraded plea of driving while ability impaired, would result in an 18-month license revocation of their CDL. They would need a DWI attorney in New York who could flag that and then try to work something out with the prosecutor so that this would not happen.

For both repeat offenders and commercial drivers, the enhanced penalties reflect the serious approach New York takes towards curbing DWI incidences and maintaining road safety. Legal advice and representation become indispensable in these cases to pursue outcomes that preserve individuals’ driving privileges, professional licenses, and overall future.

Build a Strong Defense Strategy with the Help of an Experienced Nassau County DWI Lawyer

Awareness and avoidance of common mistakes following a DWI arrest are crucial to prevent additional complications to the case, which can significantly impact the outcome of the legal proceedings involved. If you’re facing a DWI charge, working with a skilled DWI attorney is crucial, as each decision made from the moment of the arrest can influence the development of your defense strategy and the severity of the potential penalties.

At Lebedin Kofman LLP, our experienced Nassau County DWI lawyers are committed to providing effective legal advice and representation. We can help you understand the critical aspects of your case, from arrest through court proceedings, and build a defense strategy aimed at achieving the best possible outcome. Our team can thoroughly review the details of your arrest, advise you on the potential courses of action to take, and offer strong advocacy in court. Contact us today at (516) 212-4209 to schedule a consultation.

Criminal DefenseDUI/DWI

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