With the weather warming up and a long weekend ahead full of festivities, New York State law enforcement will increase the number of sobriety checkpoints in an attempt to keep drunk drivers off the road. It is likely that with Memorial Day around the corner, law enforcement will enlist the assistance of the Drug Recognition Experts who will assist law enforcement in determining if individuals are impaired by drugs other than alcohol. The STOP-DWI program has led to a significant amount of reductions in the numbers of alcohol and drug-related fatalities in New York. Sobriety checkpoints are also used to raise awareness about the drunk driving problem in our society. High-visibility enforcement can reduce fatalities relating to drunk driving incidents by as much as 20 percent. The New York State STOP-DWI Enforcement crackdowns this Memorial Day weekend will occur from May 28 to June 1, 2021.
What are my rights if I get pulled over at a sobriety checkpoint?
The first thing to occur during a checkpoint will be that you will speak with the officers conducting the checkpoint. They may ask if you have been drinking and advise you as to why they are conducting a checkpoint. They can ask you to pull over for investigation if they smell alcohol from your vehicle or person. They may ask you to step out of the vehicle, answer questions, or participate in standardized field sobriety testing if they believe you are under the influence of drugs or alcohol. You do not have to do any of these things. However, you may be arrested if you fail to submit to chemical testing or a field sobriety test. This would occur if the offer has reasonable grounds to believe you are under the influence.
If I have been arrested at a sobriety checkpoint how can an attorney help me?
If you have been arrested at a sobriety checkpoint, it is essential that you retain the services of an experienced criminal defense attorney. An attorney will assess your case to ensure the sobriety checkpoint was lawfully conducted. If your attorney can prove that the officer did not have probable cause to arrest you, or has determined that the checkpoint was unlawful in some may, they will have a viable defense against your DUI charge. An attorney may even be able to decrease the severity of your DUI charges if your arrest was conducted lawfully.
Contact our Firm
Criminal matters can change the course of your life forever. This is why you need an experienced attorney who will aggressively combat your charges to help mitigate their long-term effects. If you are in need of experienced legal counsel for a criminal defense matter on Long Island or throughout New York State, please contact Grunwald & Seman, P.C. to schedule a consultation. We would be happy to assist you.