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Protecting yourself during a DWI arrest

On Behalf of | Feb 19, 2020 | DWI

After a long day at work, it’s tempting to head to the bar and enjoy happy hour with colleagues or friends. You might have one drink while there, sometimes two. Yet there are days where you feel like throwing back pints or shots without thought to the consequences. That is, until they appear in your rear-view mirror.

You may fear the affects a DWI arrest could have on your license and reputation. But by keeping these tips in mind, you could lessen their impact.

Know the difference between silence and refusal

During your DWI traffic stop, silence can protect you against incrimination. The Fifth Amendment gives you the right to remain silent if speaking could harm you. But if your silence turns into refusal, you could receive extra charges. If you refuse a police-ordered breathalyzer test in New York, your legal consequences become more severe. You will face a six-month license suspension and may have to pay a $500 fine.

Know what grounds your case rests on

If your blood alcohol concentration registered above the legal limit, you might worry that you can’t fight your DWI charge. Yet your arresting officer could have administered your breathalyzer test improperly. Or the officer could have pulled you over without probable cause. They may have seen you leave a bar, for instance, rather than noticed you drive erratically. Any reasonable doubt into the officer’s actions could help you receive lesser charges – or have them dismissed.

Consuming an extra drink may seem innocuous, yet it could lead to a DWI. You may fear that a conviction is inevitable if this happens. But by working with a criminal defense lawyer, you can figure out how to lessen its odds or its impact.