You’ve been pulled over. The police officer is asking you questions
that can easily escalate to an illegal search. Within the intimidating
moments of speaking with police during a
DWI stop, it is important to stay calm, keep your hands on the wheel, and most
importantly, know your rights.
During a DWI stop, law enforcement must first have reasonable suspicion
to pull you over in the first place. Speeding, improper lane changing,
and swerving are examples of valid reasons for an officer to pull you
over. The police may start asking a series of questions, but you can refrain
from providing any answers, only having to provide your name and address.
Under the Fourth Amendment, you hold certain rights that protect you from
illegal searches. If the officer asks to search your vehicle, kindly refuse
and invoke your right to privacy. If you have refused consent and the
officer continues to search your vehicle, it can be used to help in your defense.
In order for a police officer to search your vehicle, one of the the following
factors need to be present:
- You give your consent
- The officer has probable cause or suspicion
- The officer has a valid search warrant
Law enforcement can confiscate anything that is in plain view. You may
also refuse to take a chemical test, but your refusal may result in license
suspension. If you have been pulled over at a DWI stop, it is imperative
that you know your rights and consult with a legal advocate.
If you have questions concerning your rights during a DWI stop, do not
contact a Long Island DWI attorney from The Law Offices of Scott Gross, P.C. today!