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What are the 2 times the police can stop you and give you a DWI?

On Behalf of | Aug 2, 2022 | Dui

If you ever face criminal charges, it is crucial to remember there is always a chance to fight them, regardless of how shut and closed your case might appear. A charge of driving while intoxicated (DWI) is no exception. One option is to contest why the police stopped you.

The police can give you a DUI in one of two situations:

At an official sobriety checkpoint

New York allows these. However, any arrests are only valid if the police follow all the rules. For example:

  • Checkpoints must be signed and lit, so drivers know what they are approaching
  • Officers must have a system in place to ensure the selection of who to check is random

If the police failed to abide by the rules, it could invalidate your arrest.

When they have reasonable suspicion for a stop

The police must have a reasonable suspicion that you are breaking the law to pull you over. They can stop you if they suspect you are drunk due to how you are driving. However, they often make the initial stop for something less serious, such as a faulty light that breaches the law.

Once they legally stop you, they can proceed to check for alcohol if they suspect you are drunk from your breath or how you are talking or acting. If you can show the stop was not legal, a court may drop the charges.

Getting legal help to examine your defense options gives you a chance of defeating a DUI charge, whatever the situation.