Essay On Sobriety Checkpoints
According to the Governors Highway Safety Association, sobriety checkpoints are considered legal in the state of New York. Such checkpoints are upheld in the state under the federal Constitution. As a result of such stops, many motorists across the state are charged with suspicion of drunk driving. In order to protect themselves, and avoid unnecessary arrests, it behooves New York drivers to understand their rights when stopped at DWI checkpoints.
Responding to questioning
Upon stopping at sobriety checkpoints, drivers are frequently approached by law enforcement officers. The authorities will typically ask them some questions, which may include inquiring whether they have had anything to drink that night. Often, people feel an obligation …show more content…
Once people are placed under arrest, they are required to submit to such tests under the state’s implied consent law. This law stipulates that motorists have consented to chemical testing to determine their blood alcohol content level by accepting the privilege of driving in the state.
Despite the law, drivers have the right to refuse breath tests. However, doing so has consequences. According to the New York Department of Motor Vehicles, people who refuse a Breathalyzer may be required to pay a $500 civil penalty. They may also be subject to a driver’s license revocation for at least one year. With few exceptions, these penalties are imposed in addition to any that may result from a DWI conviction.
Seeking legal counsel
Driving while intoxicated is considered a serious offense in New York. The penalties and fallout that people may experience if convicted of these charges often have life-changing implications. Thus, those who have been arrested for drunk driving may benefit from obtaining legal representation. An attorney may help them build a defense against the charges they are facing, which may include questioning whether their rights were violated during a DWI
Responding to questioning
Upon stopping at sobriety checkpoints, drivers are frequently approached by law enforcement officers. The authorities will typically ask them some questions, which may include inquiring whether they have had anything to drink that night. Often, people feel an obligation …show more content…
Once people are placed under arrest, they are required to submit to such tests under the state’s implied consent law. This law stipulates that motorists have consented to chemical testing to determine their blood alcohol content level by accepting the privilege of driving in the state.
Despite the law, drivers have the right to refuse breath tests. However, doing so has consequences. According to the New York Department of Motor Vehicles, people who refuse a Breathalyzer may be required to pay a $500 civil penalty. They may also be subject to a driver’s license revocation for at least one year. With few exceptions, these penalties are imposed in addition to any that may result from a DWI conviction.
Seeking legal counsel
Driving while intoxicated is considered a serious offense in New York. The penalties and fallout that people may experience if convicted of these charges often have life-changing implications. Thus, those who have been arrested for drunk driving may benefit from obtaining legal representation. An attorney may help them build a defense against the charges they are facing, which may include questioning whether their rights were violated during a DWI