New York DWI Probable Cause

The Fourth Amendment of the U.S. Constitution protects you from unreasonable search and seizures. This means that you cannot be stopped or have your property searched unless the police have a valid reason to do so. This valid reason is called “probable cause.” If you have recently been arrested for driving while intoxicated (DWI) in New York and have questions about probable cause, you should speak with an experienced defense lawyer in your area.

Probable cause is defined as a reasonable belief that someone has committed a crime. The officer must observe signs that a crime is taking place before he or she can stop or search a vehicle. For example, if the officer notices a driver committing a traffic violation, such as speeding, failing to use a blinker, driving erratically, or running a traffic light, he or she has probable cause to make a traffic stop.

During the traffic stop, the officer must have probable cause to believe you are impaired before he or she can ask you to perform field sobriety tests or take a breathalyzer test. The officer may look for signs of intoxication such as the odor of alcohol, bloodshot eyes, slurred speech, or an open container of alcohol in the vehicle. Once the officer establishes probable cause, he or she may begin a DWI investigation. If you fail the field sobriety tests, or the breathalyzer test shows that you are over the legal limit, you may be charged with drunk driving.

If an officer does not have probable cause to pull you over or to begin a DWI investigation, the evidence obtained during this time may be inadmissible in court. This means that your DWI charges could be dismissed completely. Experienced DWI attorneys know what to look for in cases like this to determine if the officer had probable cause to stop and arrest you.

Are you ready to begin fighting your drunk-driving charges? The defense attorneys at NewYorkDwiAttorney.net are here to help you. Because the penalties for DWI include jail time, expensive fines, and a driver’s license suspension, having skilled legal representation on your side is imperative. Fill out our contact form now to speak with a local DWI attorney.