If you are arrested …… what should I do?
Do not answer any questions! Tell them that you want to speak with your attorney and you are not answering any questions. You are allowed to tell the police office or detective your name and address plus produce registration, insurance plus your New York State ID card.
I am stopped by a police officer, and he wants to ask questions, what should I do?
If you have been drinking, a driver should inform the police officer that he or she will NOT answer any questions until he speaks to his attorney as he or she is not required to answer any incriminating questions.
The Police office wants me to take a Field Sobriety Test, should I take the test?
You are not required to perform any physical sobriety test under New York State Law. These tests are not accurate and often will be used against you so again the motorist should inform the officer that that he or she will NOT take any tests or answer any questions until he speaks to his attorney as he or she is not required to answer any incriminating questions.
The police officer wants me to take a breathalyzer, what should I do?
The decision is yours, you are not required to take the test but there are consequences, your license will be immediately suspended. Keep in mind that these chemical tests are not accurate! Moreover, the Department of Motor Vehicle will revoke your license if you do not prevail at the DMV refusal hearing. Your choice to refuse to take the test will be brough up before a jury and an adverse inference can be take against you.
What is a Refusal hearing? Am I required to attend it in New York?
If you refused to take a chemical test, there is a high livelihood that many counties in New York will not offer you a plea bargain deal to a lesser charge of DUI.
If you did not take the breathalyzer test then you should appear at the DMV refusal hearing with your lawyer to cross examine the Police officer. You do not want to waive this hearing! So show up, bring your lawyer, cross-examine the police officer but keep in mind that your testimony can be used against you in the future.