Most, if not all, New York residents believe that they must have a conversation with police if they have been stopped for suspicion of driving under the influence of drugs or alcohol. Although you need to answer some questions when stopped, having a full conversation with a police officer may not be in your best interest.
Police cannot force you to speak
The myth that you have to talk to police is one of the biggest ones out there. If you do talk to the police when they stop you for suspicion of DWI or DWAI, you must be honest and not lie about what you were doing or your whereabouts. In most instances, you are not legally obligated to answer all of their questions, yet there are some that you must answer.
If you have been pulled over, you must provide the police with your driver’s license and proof of insurance for your vehicle. Some areas also have proof of identity laws that require you to prove you are who you say you are. Not doing so can be a crime. Beyond these basic questions, you don’t have to answer anything else that the police ask.
What the police must tell you
Anyone arrested for suspicion of DWI or DWAI has certain rights. The police must tell you what you are being arrested for and bring you before a court as soon as possible. In New York, police are also required to allow you to make one phone call after you are arrested or the right to right to otherwise communicate with legal counsel or friends.
Selecting legal counsel is crucial whenever someone is arrested on suspicion of DWI or DWAI. If you or someone you know has been taken in on a driving charge, working with an experienced attorney may help in developing a defense.