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Drunk driving traffic stops are a stressful experience for anyone who is being pulled over. Even if an individual who is under suspicion isn’t impaired or hasn’t had any alcohol, these stops can be difficult to navigate. An understanding of what to expect – and the standards to which officers are held – during a stop can help motorists to manage these kinds of stops more effectively.
In order to conduct a traffic stop, an officer needs to have reasonable suspicion that a crime was committed, is being committed or will be committed by the individual in the vehicle. In the case of drunk driving, this can be things like seeing the vehicle swerve or the driver not stopping at a red light. Other situations that might provide reasonable suspicion include a vehicle stopping without cause or almost hitting objects on the roadside.
Once the vehicle is stopped, the officer will try to determine what’s going on. They have a variety of tools at their disposal, including field sobriety tests. There are many of these, but only three – one-leg stand, walk-and-turn and horizontal gaze nystagmus – are admissible in court because they’re endorsed by the National Highway Traffic Safety Administration. Others may provide clues about impairment, but they aren’t standardized and can’t be used in court.
Another way they can determine impairment is through a preliminary alcohol screening. While this can provide an idea of the person’s blood alcohol concentration, these results aren’t admissible in court. If impairment is suspected, the individual will need to have a more reliable chemical test, such as a breath test on a stationary breath test machine, or a blood or urine test.
Fighting a drunk driving charge can be a complex challenge, so determining how to set up a defense strategy can be difficult. Getting legal assistance may help individuals in this position evaluate their options and determine how to answer the charges. Because some of the options might be time-sensitive, it’s best to review the them as soon as possible after a charge is levied.
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Answers to Your Most Common Questions
Remain calm and exercise your right to remain silent. Do not answer questions or make statements to police without a lawyer present. Anything you say can be used against you. Contact a criminal defense attorney immediately so they can protect your rights and begin building your defense from the earliest stage.
Yes. Criminal charges can be dismissed for many reasons, including lack of evidence, constitutional violations, illegal searches, procedural errors, or speedy trial violations. An experienced criminal defense attorney can identify weaknesses in the prosecution’s case and pursue dismissal whenever possible.
Criminal cases can take anywhere from a few weeks to over a year, depending on the charges, court scheduling, motion practice, and whether the case resolves through dismissal, plea, or trial.
Your first appearance is called an arraignment. The judge will read the charges, determine bail or release conditions, and set future court dates. Having a criminal defense lawyer present is critical to protect your liberty and begin your defense immediately.
Not necessarily. Many first-time offenses result in non-jail outcomes such as dismissal, reduction, probation, fines, or an Adjournment in Contemplation of Dismissal (ACD). The outcome depends on the charges, facts of the case, and the strength of the defense strategy.
Legal fees vary depending on the seriousness and complexity of the case. Misdemeanor cases typically cost less than felony or federal cases. Most criminal defense attorneys offer consultations and flexible payment structures depending on the circumstances.
Yes, in many cases. Options such as dismissals, ACDs, reductions to non-criminal violations, and sealing may allow you to avoid or minimize a permanent criminal record.
Yes. Even misdemeanor convictions can result in jail time, fines, probation, and a permanent criminal record. A defense lawyer can often get charges reduced, dismissed, or resolved in a way that protects your future.
You will be processed, fingerprinted, and brought before a judge for arraignment. The judge will determine release conditions and schedule future court dates. A criminal defense lawyer can begin challenging the charges immediately.
Yes. Many felony cases are negotiated down to misdemeanor charges depending on the facts, evidence, and defense strategy. Early and aggressive representation greatly improves these chances.
Felony penalties vary widely and may include probation, fines, or prison. However, many felony cases can be resolved without incarceration depending on the facts and defense.
Depending on the charges, the judge may release you on your own recognizance, set bail, or impose non-monetary conditions. Bail laws in New York have changed significantly, and many charges are now non-bail eligible.
Your license may be suspended at arraignment and could later be revoked depending on the outcome. However, many drivers are eligible for conditional licenses that allow them to continue driving legally.
Immediately. The earlier a lawyer becomes involved, the more opportunities there are to protect your rights, preserve evidence, and pursue dismissal or reduction of charges.
Yes. Cases can be dismissed through motion practice, lack of evidence, constitutional violations, or negotiation. Many cases resolve favorably before ever reaching trial.
Yes. Many cases qualify for sealing after dismissal or after a waiting period following conviction. Sealing prevents most employers and the public from seeing your record.
Federal cases are prosecuted by the U.S. Attorney’s Office and typically involve more extensive investigations and potentially more severe penalties. Federal procedures and sentencing guidelines differ significantly from state court.
Possibly. Federal agents typically do not contact individuals without reason. You should assume you may be under investigation and consult an attorney immediately.
Yes. Federal cases can be dismissed or resolved favorably depending on the evidence, legal issues, and defense strategy. Early intervention by experienced counsel is critical.
A federal grand jury reviews evidence to determine whether charges should be filed. If you believe you are involved in a grand jury investigation, you should contact a lawyer immediately.
Do not speak with them without a lawyer present. Even innocent statements can be used against you. Politely decline to answer questions and contact a federal defense attorney immediately.
You will appear before a federal judge, who will determine whether you are released on bail or detained. The case will then proceed through federal court, which involves strict procedures and deadlines.
Yes. Many defendants are released on bond or conditions. The court considers factors such as risk of flight and danger to the community.
Yes. You should never speak with federal agents without a lawyer present. This is critical to protect your rights and avoid self-incrimination.
In some cases, yes. A court may grant bail pending appeal depending on the circumstances.
A CPL 440 motion is a post-conviction motion used to challenge a conviction based on issues outside the trial record, such as ineffective assistance of counsel or newly discovered evidence.
Yes. Convictions can be overturned through appeals, CPL 440 motions, or other post-conviction relief depending on the circumstances.
Yes. Newly discovered evidence can be grounds to reopen or overturn a conviction.
Yes. You have the right to appeal your conviction and challenge legal errors that occurred during your case.
Generally, you must file a notice of appeal within 30 days of sentencing. It is critical to act quickly to preserve your rights.
A direct appeal challenges errors in the trial record, while a CPL 440 motion raises issues outside the record, such as ineffective assistance or new evidence.
You may be able to challenge your conviction through a CPL 440 motion based on ineffective assistance of counsel.