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Probable Cause For DWI Stop

You Cannot Be Pulled Over For No Reason

In New York City, a police officer must have probable cause for a DWI stop. This means that you must have been displaying signs of impaired driving or violating a traffic law before you are pulled over.

The implications of this can be significant in DWI arrests. If you were pulled over for no clear reason and are now facing DWI charges, there is fertile ground  for a possible  DWI defense. Should you be able to show that a traffic stop was illegal, there is a possibility that the drunk driving charges against you may dismissed by  the court.

A DWI attorney has experience using an illegal traffic stop as grounds to potentially clear clients for driving while intoxicated charges. This professional understands New York City laws and can form arguments on your behalf that may allow you to avoid DWI penalties.

To learn more about possible drunk driving defense strategies, set up a case evaluation with one of our New York City DWI attorneys by

Calling 212-500-3273

Understanding The Role Of Probable Cause In DWI Stops

New York City law enforcement officials must follow a certain protocol when conducting a DWI traffic stop. Among other things, police officers may not conduct  a drunk driving investigation unless they have a reason to do so. If you are pulled over, for example, you may not be asked to submit to a Breathalyzer test unless the officer has a reasonable suspicion to request one.

Reasons that an officer may suspect you of driving while intoxicated after a traffic stop include:

  • You were weaving in traffic.
  • The officer smelled alcohol on your breath.
  • You were slurring your speech or having a hard time communicating with the officer.
  • There was an open container of alcohol in your car.
  • You or others in your car exhibited any type of strange behavior that may be suspected as alcohol-related.

While these or other behaviors may be grounds for asking a person to complete BAC tests, there are times when a traffic stop based on no sufficient probable cause results in DWI arrests.
 

Finding The Help Of A New York City DWI Lawyer After An Arrest

If you feel that a traffic stop that led to a DWI arrest was illegal, it’s important to speak with an attorney. Securing the services of a lawyer puts someone on your side who understands how to effectively argue that there was insufficient probable cause for the DWI stop.

A lawyer can help you understand  a  range of defense arguments that may be used to help you avoid penalties. For example, even if an officer did pull you over for an adequate reason, there be other alternative defenses.

Schedule a consultation to discuss your case with a New York City DWI lawyer by
Calling 212-500-3273