New York FAQ

Below is a list of questions we are frequently asked from people who are charged with DWI. Take a moment and review our guide below. If you have been charged with a DWI and have questions, contact our team anytime for a free case consultation.

What do I do if I’m stopped for DWI?

If you are ever stopped for a DWI, make sure you remain calm, be cooperative, and respond politely when speaking with police officers. It is important to remember that law enforcement have a duty to keep everyone safe. They have a difficult job and should be shown respect.

Once the police have pulled your vehicle over, you should roll down your window, shut off your radio, stay seated, and wait for the officer to approach your vehicle. Keep both hands in the officer’s sight at all times, preferably on the steering wheel. When the officer asks you to produce your license and registration, tell him or her where the documents are located. Then, once the officer knows and can see where you’ll be reaching, move slowly.

A traffic stop is a scary situation for you and the police officer. Keep in mind that the officer is approaching a strange vehicle, generally cannot see the inside of it, and knows that he or she is walking into a situation that could quickly escalate. For this reason, officers are constantly on guard, watching for sudden or suspicious movements to protect themselves from the possibility of being attacked or having a weapon drawn on them. Try not to make the situation worse by acting angry or defensive toward the officer.

Everything you do or say from the very first moment that the police officer encounters your vehicle will be documented and against you in court. If you’ve consumed any alcoholic beverages before driving, you will most likely be arrested, regardless of what you do or do not do.

In spite of this, you should not give up hope. Submit to everything the officer tells you to do, but politely protect your right against self incrimination. Pay no attention to any threats or statements the officer may make in order to elicit certain responses. The officer will try to pressure you into giving him or her evidence to use against you. Don’t make his or her job easier than you have to!

Additionally, you must calmly accept the fact that you will not be able to talk your way out of the situation. In fact, the more you talk, the more information you’ll probably give the officer to support his or her conclusion that you’re under the influence of alcohol or drugs. For this reason, it’s in your best interest to politely keep your mouth shut. If you feel the need to speak, tell the truth. Lying will only make the situation worse.

We advise that you follow these general guidelines in the event you’re stopped by a police officer.

  1. Give the officer your license, registration, proof of insurance and then REMAIN SILENT.
  2. DO NOT answer any questions concerning where you’ve been or what you’ve consumed.
  3. DO NOT consent to a search of your vehicle.
  4. DO NOT TAKE ANY ROADSIDE TESTS, especially a hand-held breath test.
  5. Ask to leave the scene, by cab or on foot, without your keys.
  6. If you are arrested, do not resist, remain silent, and decline any breath, blood, or urine tests until you first SPEAK WITH AN ATTORNEY.
  7. Call Anelli Xavier at anytime, any day.

How do I avoid a DWI charge?

Don’t drink and drive.

It’s not illegal to drink and then drive. It’s only illegal to drive once your physical and mental abilities are impaired by an intoxicating substance. However, planning ahead and not driving if you’ve had anything to drink are the best ways to steer clear of a serious criminal matter that can take a long time to resolve, cost you your license, and give you an arrest and/or criminal record that may last for the rest of your life.

Here are a few practical pointers you should follow to avoid a DWI charge:

  • Before you have any alcoholic drinks, decide who’ll be the designated driver for the night.
  • Use a taxi service or public transportation. The cost of a cab ride home will be substantially less expensive than the cost of a DWI.
  • Call a friend or a family member to pick you up. You can pick up your car in the morning. If you’re worried about a parking ticket or your car being towed, remember that the cost of both combined are, in all likelihood, less than the lifetime cost of a DWI arrest and conviction.
  • Sleep it off at a nearby hotel or friend’s house. If you’re worried about being late for work in the morning, remember that spending the night in jail will only make it harder for you to get to work on time.

What do I do if I’m charged with a DWI?

If you, a friend, or a loved has been accused of DWI or any other charge related to operating a motorized vehicle while under the influence of any substance, contact me, the team at Anelli Xavier. We’ll help you make the right decisions for your case, the first time.

The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Anelli Xavier are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.