Criminal Defense Lawyers & Police Misconduct Attorneys

Have You Been Drinking Tonight? 3 Questions Police May Ask You during a Traffic Stop

Whether it happens around the holidays or on any other day of the year, getting pulled over by the police is never a comfortable experience. More than 20 percent of drivers receive a traffic ticket each year, but many are still unsure about how to act during a traffic stop.

Mixed drinks with stir sticks and car key on wooden table

Mixed drinks with stir sticks and car key on wooden table

If police have charged you with DUI and you would like to speak with a New York City criminal lawyer, contact Goldberg & Allen, LLP. With more than 60 years of criminal defense experience, our attorneys understand how to tailor defense strategies to each unique case. Call us today at 212-766-3366 to schedule a free case review.

In the meantime, here is an overview of three questions police may ask you during a traffic stop:

  1. Have You Been Drinking?

It is always a good idea to be honest when answering questions from police; this does not imply, however, that you must answer. Declining is perfectly within your rights. Deliberately lying – even if it is only to hide the fact that you may have had one drink – can worsen your situation.

A drink or two may not be enough to push someone’s blood alcohol content (BAC) over the legal limit, but you might feel more comfortable refusing to reveal the fact that you had been drinking. Admitting to drinking, however, will likely result in a field sobriety or breathalyzer test.

  1. Will You Submit to a Breathalyzer Test?

Breathalyzers are handheld devices that measure a person’s blood alcohol content. They are usually accurate and nearly impossible to fool, so do not give into any of the urban myths about tricking them. That said, it still is possible for the make or model of the machine to be defective, or the device may be incorrectly calibrated.

According to New York State law, operating a motor vehicle implies consent to chemical tests for drugs and alcohol. Refusing to take a test will result in an immediate suspension of your license.

  1. Will You Submit to an Intoxilyzer Test?

Breathalyzer tests are not the only tool used to gauge a driver’s BAC. Declining a breathalyzer may result in the officer asking you to take an Intoxilyzer test, which measures your direct BAC and also comes with a license suspension upon refusal.

In some cases, refusing to take an Intoxilyzer or a breathalyzer will prevent damning evidence from making its way to court. Taking one – even if the results show an illegal BAC – does not mean that you are automatically guilty. There are still a number of critical factors, such as whether or not the police were authorized to conduct the test in the first place, which may convince the court to reduce the penalties or charges, or to drop the charges altogether.

If you would like to speak with a New York City DUI attorney about a case involving you or a loved one, Goldberg & Allen, LLP can help. Call us today at 212-766-3366 to schedule a free case review.

 

By | 2017-08-31T17:43:46+00:00 July 6th, 2015|Blog, Criminal Attorney|Comments Off on Have You Been Drinking Tonight? 3 Questions Police May Ask You during a Traffic Stop

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