If I was stopped only for a minor traffic violation,
can this give the officer probable cause to charge me with
a DWI?
For the accused, the unfortunate answer is YES.
Legally, the original reason the officer stopped you need
not be related to driving while intoxicated from alcohol
or drugs. In fact, routine stops for broken taillights,
out-dated registration or even cracked windshields have
been upheld across the country as sufficient cause for officers
to detain individuals and then to check symptoms for driving
under the influence. In any given case, however, there may
be grounds to have the case dismissed by the filing of a
motion to suppress the evidence based upon an initial bad
stop. Mr. Petrus will vigorously scour the facts in your
case to find just such a reason.
What are the symptoms that an officer looks for to determine
if I have been drinking?
Symptoms may include:
• Odor of alcohol on breath or person
• Red, watery or bloodshot eyes
• Slurred speech
• Failure to respond to the officer’s directions
• Fumbling with wallet to get license and/or registration
• Staggering out of the vehicle
• Swaying or stumbling
I thought a DWI is a misdemeanor. Why am I being
charged with a felony?
If you have previously been convicted of a DWI in New York
in the last 10 years, you may be charged and convicted of
a felony DWI.
Where can I find some DWI law in New York?
New York Vehicle and Traffic Law
Department of Motor Vehicles
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