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Your Rights During a DUI/DWI Checkpoint in New York

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During the holidays, DUI arrests typically surge, mainly due to DUI/DWI checkpoints that are set up across the state. In an effort to crack down on drinking and driving accidents, law enforcement officials will set up random and temporary checkpoints where they can briefly interview the driver to determine if a sobriety test should be administered.

DWI Checkpoints in New York Are Legal But Must Comply with the Law

Drunk driving checkpoints are common and legal in many states, including New York. The courts in New York have recognized sobriety checkpoints as legal, but they also maintain that these checkpoints should be done properly so as not to violate a person’s Constitutional right to be protected from unreasonable search and seizures.

DWI checkpoints in New York must comply with these rules:

  • The checkpoint must serve a purpose
  • The checkpoint cannot violate a motorist’s privacy to a certain degree
  • The checkpoint must include sufficient lighting and warning signs for motorist safety
  • Police are not allowed to hold up a driver for an unreasonable amount of time
  • Police officers must use a random formula when stopping drivers
  • The supervisor must be present to oversee the checkpoint

If your rights were violated at a sobriety checkpoint, it is important that you contact a DUI lawyer.

What To Do If You Are Stopped at a DUI/DWI Checkpoint

You should always be aware that you may encounter a checkpoint the next time you are out on the roads.

Here are some tips on what to do:

  • Stay calm and be polite to the officer
  • Roll down the window and turn on the interior light of your car
  • Keep your hands on the steering wheel where it is visible
  • Make sure that your vehicle’s registration and insurance information are easily accessible.
  • Avoid making any admissions. When asked if you have been drinking, you can refuse to answer, but do so in a polite way.
  • If a cop is pressing you further and requesting that you submit to sobriety testing, contact an attorney.

Even if you have already submitted to a test and registered above the legal limit, there may still be a way to fight your case.

Experienced DWI Attorneys Ready to Defend You

Foley Griffin have a team of seasoned, aggressive Nassau County DWI attorneys who can help you. We are available 24/7 to take your calls, so no matter what time of day you run into trouble, we’re here for you. Our criminal defense team has more than 75 years of collective experience and includes a former prosecutor. We understand how DWI cases are handled from both sides and can use our experience to help you obtain a favorable outcome.

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