Traffic stops are a leading source of DUI arrests in New York. A drunk driver may tip off the authorities by weaving between lanes or being unable to stay within one’s lane. Other suspicious drunk driving moves can be made by a drunk driver. If the driving is consistent with a loss of driving reflexes or control, the police will make a traffic stop to issue a ticket.
Generally, these matters escalate into an investigation of drunk driving when the officer smells alcohol emanating from the car and breath of the driver. Along with slurred speech, these are the most prevalent factors justifying performing a field sobriety test. Recently, the police made a traffic stop on I-90 in Guilderland that resulted in a felony DWI arrest.
The nature of the traffic stop was not identified in the press report, but as with other situations, the police cannot create a bogus traffic stop to investigate something they merely suspect. If the stop was justified, then the questioning, field sobriety test and blood alcohol testing are all potentially intact legally. So far, all that is known publicly is that the police pulled her over for “multiple” traffic violations.
The next stage of the investigation for police is to determine whether there is reasonable suspicion of drunk driving in order to make the driver exit the car for further examination. In this arrest, the police allege that the accused had a blood alcohol level of .08 percent, which is not relatively high but is sufficient to support a prosecution. The felony DUI was lodged against her due to having a drunk driving conviction in New York within the past 10 years. The most important resource for the accused driver is an experienced drunk driving defense lawyer, with whom she should consult as quickly as possible.
Source: lohud.com, “Eastchester woman charged with felony DWI in upstate NY“, Christopher J. Eberhart, Aug. 12, 2016