New York police must have reasonable cause to pull you over in a traffic stop. Beyond that, they must have probable cause to make an arrest if they suspect you of drunk driving. While claiming to have witnessed your vehicle veering over the yellow line may warrant a stop, it is far from enough to result in criminal charges or conviction.
A police officer may ask you to exit your vehicle, then request that you take a field sobriety test. If you comply, then fail the test, you may wind up behind bars for a time but are still guaranteed the right to fight against any and all charges against you in court. In fact, you are not legally obligated in any way to submit to field sobriety tests although a refusal on your part may further complicate matters. On the other hand, implied consent laws mean that you agree to take a Breathalyzer or risk administrative penalties for refusing.
Such situations are usually quite stressful. Even if you’re relatively aware of your personal rights on most occasions, when you’re under pressure and wearing handcuffs, you may have difficulty remembering your own phone number, much less the constitutional rights that pertain to your situation. This is why it’s always a good idea to request legal representation to help protect your rights.
Your innocence is presumed unless prosecutors prove otherwise. There are often several options available to maximize your chances of avoiding conviction and minimizing the consequences of a drunk driving charge. The Law Offices of Joseph J. Tock are fully prepared to defend your rights against drunk driving charges or any other criminal accusation in New York.