Pulled Over for DWI

If you are pulled over and suspected of driving under the influence of alcohol, police will ask you to step out of the car and submit to field sobriety tests. There are three types of standardized field sobriety tests. The first test is called Horizontal Gaze Nystagmus otherwise known as the (HGN). By following a moving object, the officer is looking for involuntary jerking of the eye. This involuntary shaking is a sign of a person under the influence of alcohol. The second test is called a walk-and-turn tests. This requires you to walk a straight like, heel-to-toe and turn and walk back another 10 steps. The officer is looking to see if you connect your heel to toe without stumbling. The last field sobriety test is the one-leg stand. This test requires the motorist to stand on one leg for 30 seconds. This tests an individuals balance. You are allowed to refuse to submit to field sobriety testing for any reason, or you may want to inform the officer that due to some type of physical impairment you’re unable to complete some or all of the field sobriety tests.

If the officer has probable cause to believe you are under the influence of alcohol, you can submit to a BAC on the side of the road. BAC stands for blood alcohol content. It is a portable machine that is administered on scene, usually outside the car. This test cannot be used against you in a Court of law and refusal to submit to a BAC test does not have criminal consequences.

If you are arrested for driving under the influence of alcohol, you will then be taken to your local precinct where police will ask you to submit to a chemical test. A chemical test performed at the precinct can and will be used against you in a court of law. A chemical test can be administered by breath. This involves blowing into a intoxilyzer machine. A chemical test can also by blood, urine, or saliva. Salvia is primarily used to test for the presence of drugs, not alcohol.

When you obtain a license in the State of New York, you are deemed to have consented to chemical testing if lawfully arrested for DWI. You can refuse this test, but New York penalizes a refusal even if you are later found NOT guilty of DWI. If you refuse a chemical test, your license is suspended immediately for one-year and the motorist cannot obtain a conditional license Each motorist is entitled to a DMV refusal hearing. The refusal hearing must be held within 15 days of your arraignment. If it has been 15 days since you were arraigned on a DWI and you refused a chemical test, your driving privileges automatically become reinstated until your refusal hearing. Additionally, refusal of a chemical tests also has civil penalties. If you refuse a chemical test, and even found not guilty, the DMV can and will charge you a fine of $500.