A Closer Look at NY's Traffic Stop Procedure
New York drunk driving laws are tough, but drivers have rights in the event of a drunk driving traffic stop. Learn more from the DWI defense lawyers at Anelli Xavier, PC.

October 15, 2011 /24-7PressRelease/ -- The scene is a familiar one: two cars stopped on the side of the highway, the second car bearing the telltale emblem and emergency lights of a New York state police squad car. The police officer is leaning over the driver's window, probably asking the usual questions: Do you know why I pulled you over? How fast do you believe you were going? Sir, have you been drinking tonight?

What may not be obvious is that state and local police must follow certain procedures when making what seems to the public as a routine traffic stop. If an officer fails to follow these procedures during a drunk driving arrest, your New York DWI defense attorney may be able to challenge your arrest in court.

First, police officers always need a reason to stop someone, whether it is for speeding, erratic driving or failure to stop at a stop sign or traffic light. Once the traffic stop has been made, law enforcement can only ask the driver questions directly pertaining to the reason he or she was pulled over. If the officer has no reason to suspect illegal activity beyond the moving violation, police must send the driver on his or her way.

What If the Officer Suspects Drunk Driving?

If the officer does have reason to suspect foul play, however, he or she can ask questions to determine whether illegal activity has occurred. For example, if a law enforcement officer pulls someone over for erratic driving and smells alcohol or observes slurred speech in the driver, the officer can ask the driver whether he or she has been drinking and driving.

The officer may also perform a field sobriety test. If the field test determines that alcohol is present in a driver's system, the police officer can arrest the driver and administer a chemical test, which uses blood, breath, saliva or urine to determine the driver's blood alcohol concentration (BAC).

The state of New York's drunk driving laws are some of the toughest in the nation. In New York, drivers give "implied consent" to chemical tests when they get behind the wheel of a vehicle. This means that, once a driver is behind the wheel, whether drunk or not, officers have the right to administer a chemical test to him or her.

Drivers can refuse the chemical test, but their licenses will be revoked immediately. What's more, the courts can keep a driver's license in suspension because of a chemical test refusal even if the driver is found not guilty of driving while intoxicated. The chemical test / breath test refusal can be used by prosecutors against the driver during legal proceedings as well.

The best thing drivers can do is know their rights in the event of a traffic stop. If a traffic stop leads to drunk driving charges, the best step drivers can take is to hire an experienced New York DWI traffic stop attorney to represent them in the event of a DWI arrest.

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