New Year’s Eve is among the deadliest holidays for motorists. According to the National Highway Traffic Safety Administration (NHTSA), driving under the influence (DUI) is responsible for thousands of deaths each year. As such, if you plan on braving the roads during this holiday, you should expect an increase in the number of sobriety checkpoints. Please continue reading to learn what you can expect if you are pulled over and how a determined Garden City, NY DWI/DUI Attorney can help you navigate your options if you are arrested for a DUI.
What Are My Rights if I Get Pulled Over at a Sobriety Checkpoint on New Year’s Eve?
First and foremost, it’s important to understand that it’s legal for police officers to set up sobriety checkpoints in New York to determine if a motorist is driving in a state of impairment. However, they are required to follow stringent guidelines to ensure that the checkpoints are conducted fairly and do not violate the driver’s rights.
If you are stopped at a sobriety checkpoint, it’s important to understand how to proceed. If the officer suspects you are under the influence of drugs or alcohol, they will ask you to pull over your vehicle for investigation. This is often the case if they smell alcohol or see an open container in plain view. While you are required to cooperate, you are not required to speak to the officer. The officer will likely ask if you have been drinking and where you are coming from or traveling to. You should exercise your Fifth Amendment right to remain silent. If the officer requests a field sobriety test, you are not required to participate. However, if you refuse to submit to chemical testing, you can face serious consequences.
What Are the Consequences of a First-Offense DUI?
The penalties for DUI in New York are severe, based on prior convictions and other aggravating factors. If this is your first offense, you can face possible fines ranging from $500-$1,000, possible jail time of up to one year, potential enrollment in the New York Drinking Driver Program, and a revoked license for at least six months. If you refused to take a chemical test for the first time, you could be facing further penalties including a revoked license for at least one year and a $500 civil penalty.
As you can see, DUI offenses around New Year’s Eve are common. If you find yourself facing DUI charges, it’s in your best interest to contact an experienced criminal defense attorney, who can help you fight for the best possible outcome given the unique circumstances of your case. Connect with the legal team at KCS Law today to learn how we can fight for you.
