Being pulled over for a DWI is something people least expect, but it’s important to understand your rights and what you can and can’t do during a DWI stop — as well as what you should and should not do.

What You Can Do During a DWI Stop

  • You can refuse field sobriety testing. These tests are not required by law to complete.
  • Refuse chemical testing. You have the right to refuse chemical testing, but there are consequences, including the immediate loss of your license.
  • Politely decline to answer any questions without a lawyer present.
  • Decline a search of your vehicle if the officer does not have probable cause.

What You Cannot Do During a DWI Stop

  • Refuse to hand over your identifying information.
  • Resist arrest if the officer decides to take you into custody.
  • Resist a search of your vehicle if the officer has stated his or her probable cause for searching the vehicle.

What You Should Do During a DWI Stop

  • Politely decline to answer any questions without a lawyer present.
  • Refuse field sobriety testing. The results are highly inaccurate and may serve to weaken your case.
  • Ask for split testing to be done, where you receive a second vial of blood to submit to an independent lab of your choice.
  • Politely decline a search of your vehicle.

What You Should Not Do During a DWI Stop

  • Answer questions freely, including questions about how much you’ve had to drink, where you were coming from, where you are going, etc.
  • Refuse chemical testing. Instead, ask for a blood test to be done in a hospital or at the police station.
  • Be rude to the officer who stopped you or swear at the officer.
  • Consent to a search of your vehicle. You can request what probable cause the officer has, and if the officer maintains that he or she will search your vehicle, remind the officer that you do not consent. However, do not resist.

When to Contact an Attorney

Any time you are arrested for a DWI, whether it is a first, second, or subsequent offense, you need someone in your corner to fight for your rights while the state compiles evidence against you. Contact Brooklyn DWI lawyer Mark Cossuto today to learn more about your rights as a defendant and how to put together a strong case and keep your record clean. Call now for a consultation at (718) 852-8047.

What You Can and Can't Do During a DWI Traffic Stop