'What Should I Do If I Have Been Pulled Over For DWI?'

This is a very good question: what to do in the case of a DUI stop. Especially when it is happening, you may wonder, "Should I consent to take the breath test? Or, should I refuse?"

Some attorneys try to give people easy rules to follow, such as, "Don't take the breath test if you have had two drinks or more." At Kirwan Law Office, we do not believe in giving drivers a false sense of security with that kind of blanket statement.

There are simply too many variables in any set of circumstances to be able to advise a website reader to take the breath test or not. Every case is fact-specific. We cannot answer this question about your traffic stop without more information about details that are likely to turn up in a thorough investigation. Did you appear inebriated? Were you on medications? Were you experiencing health problems? Any of these elements of a traffic stop may have an impact on the effects of taking the breath test or not.

What we can say without reservation is, "Do not admit to anything verbally!" You may be tempted to tell a police officer, "But I only had one beer," only to find that information used against you.

As for our next piece of advice, experience confirms it is the right path to the best attainable outcome: Contact an attorney as soon as possible. Unfortunately, there is not usually time to discuss your situation with a lawyer before the time is up to make the decision to take the breath test or refuse it. However, prompt legal advice and advocacy can help ensure that you:

  • Keep or recover your driver's license
  • Stay out of jail or get out of jail with a low bond or no bond required
  • Get charges dismissed or reduced if possible
  • Get probation instead of jail if applicable
  • Keep a criminal conviction off your record
  • Get past this arrest with as little disruption to your life as possible

Contact Oswego DUI/DWI Lawyer For A Case Analysis

New York drivers facing drunk driving charges are welcome to call 315-326-1369 or email us. We look forward to the opportunity to explain how we can help.