Queens County Bar Association
Martindale Hubbell - Distinguished 2023

Can Police Charge Me With DWI Even if I Wasn’t Seen Driving a Vehicle?

If the officer sees you parked with the engine running, he can charge you with DWI. Sometimes, people are charged even with the engine turned off, if the circumstances would indicate that they had been operating the car. For instance, if the car was stopped in the middle of a parkway, there would be an inference that you had been driving. It’s a very good defense if your car is parked, even with the engine running, if you can establish that you were not actually operating the vehicle after consuming alcohol.

Can a Breathalyzer Reading Be Wrong in a DWI Case?

A Breathalyzer reading can certainly be wrong, however, it is the burden of the defendant to show that it was wrong. Generally, the state will introduce evidence that the machine was tested before and after it was used. The only way to try to establish that the machine was not working properly would be use a very expensive expert witness. Most of the time, this does not become an issue.

What Do I Do If I Have Just Been Arrested For DWI?

When you are arrested, don’t make any statements to the officer. Statements can only be harmful to you. In most cases, you will be offered field sobriety tests. Most of the time, it is a good idea to comply but don’t volunteer anything to the officer. Be as polite as possible and remember that a lot of what goes on is being video recorded. Try to act as calm and sober as you can.

Can I Lose My License If It’s My First DWI Offense?

Not only can you lose your license for a first DWI offense, if you are convicted of that offense, the law in New York requires that your license be revoked for a minimum of six months.

Did I Have The Right To an Attorney Before Deciding Whether Or Not To Take A Field Sobriety Test Or A Breathalyzer Test In A DWI Case?

Police do not have to wait for an attorney to show up at a DWI scene because testing would not be valid after a period of time. Normally, your lawyer is not present when the test is given. It is videotaped, however, so any errors will be recorded.

I Think The Officer Was Outside His Jurisdiction. Does That Make My DWI Arrest Invalid?

An officer outside his jurisdiction does not invalidate a DWI arrest.

Do I Have To Answer A Police Officer’s Questions Such As How Much I Have Had To Drink?

You do not have to answer any of the officer’s questions, other than your identity, and you should not answer them. You are not required to answer any questions and it will not affect you, in terms of compliance, as long as you perform the testing.

Why Was I Asked To Perform Multiple Breath Tests During My DWI Stop?

When you blow into the breath testing machine, sometimes, the machine does not get enough breath to make a valid test, so the officer will ask you to repeat it. They may ask you several times to repeat it and if you don’t wind up giving an adequate breath sample, they’ll treat it as though you refused to take the test.

For more information on DWI Charges When Not Driving A Vehicle, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 793-5700 today.

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