5 Mistakes to Avoid If You're Pulled Over for DWI in Buffalo

Being pulled over on suspicion of driving while intoxicated (DWI) can be a stressful and overwhelming experience. At Trbovich Law Firm, we've seen many cases where individuals unknowingly compromised their legal position during a traffic stop. To help you navigate this challenging situation, we've compiled a list of five common mistakes to avoid if you're pulled over for DWI in Buffalo.

5 Common Mistakes to Avoid If You're Pulled Over for DWI in Buffalo

Facing a DWI (Driving While Intoxicated) stop in Buffalo can be a daunting experience. As experienced DWI defense attorneys, we at Trbovich Law Firm have seen how simple mistakes during a traffic stop can significantly impact the outcome of a case. Knowledge is your best defense in these situations. To help you protect your rights and avoid compromising your legal position, we've outlined the five most common mistakes people make when pulled over for suspicion of DWI in Buffalo. Understanding these pitfalls can make a crucial difference in the handling of your case.

1. Admitting to Drinking

One of the most critical mistakes people make is admitting to consuming alcohol when questioned by the police. While honesty is generally the best policy, in this situation, it's essential to remember your right to remain silent. Admitting to drinking, even if you believe you're under the legal limit, can be used as evidence against you in court.

What to do instead: Politely inform the officer that you're exercising your right to remain silent and that you won't be answering questions without an attorney present.

2. Consenting to a Field Sobriety Test

Field sobriety tests, such as walking in a straight line or standing on one leg, are notoriously subjective and often unreliable. Many factors, including nervousness, physical conditions, or even the weather in Buffalo, can affect your performance. Remember, you have the right to refuse these tests.

What to do instead: Respectfully decline to participate in field sobriety tests. Be aware that this refusal may lead to your arrest, but it will also prevent the officer from gathering potentially damaging evidence.

3. Agreeing to a Portable Breathalyzer Test

Portable breathalyzers used during traffic stops are often less accurate than the calibrated machines at police stations. In New York, you can refuse this roadside test without automatic penalties (unlike refusing a chemical test at the station).

What to do instead: Politely decline the portable breathalyzer test. Be prepared, however, that this refusal may lead to your arrest and a request for a chemical test at the station.

4. Being Confrontational or Disrespectful

While it's natural to feel frustrated or scared during a DWI stop, being confrontational or disrespectful to the officer can worsen your situation. It may lead to additional charges or influence the officer's report unfavorably.

What to do instead: Remain calm and polite throughout the interaction. Comply with basic requests like providing your license and registration, but remember your right to refuse questioning or tests.

5. Overlooking the Importance of Immediate Legal Representation

Many individuals make the mistake of waiting too long to contact an attorney after a DWI arrest. The hours immediately following your arrest are crucial for preserving evidence and protecting your rights.

What to do instead: Contact an experienced DWI defense attorney as soon as possible. At Trbovich Law Firm, we're available 24/7 to provide immediate assistance and guidance following a DWI arrest in Buffalo.

Remember, a DWI arrest is not the same as a conviction. By avoiding these common mistakes and seeking prompt legal representation, you can significantly improve your chances of a favorable outcome in your case.

What is a DWI in Buffalo?

A DWI in Buffalo, NY refers to "Driving While Intoxicated." Let me provide you with a more detailed explanation:

• Definition: DWI stands for "Driving While Intoxicated." In Buffalo and throughout New York State, it's a serious offense that occurs when a person operates a motor vehicle while under the influence of alcohol or drugs.
• Legal limit: In Buffalo, as in the rest of New York, a driver is considered legally intoxicated if their Blood Alcohol Content (BAC) is 0.08% or higher for regular drivers. For commercial drivers, the limit is 0.04%, and for drivers under 21, there's a "Zero Tolerance" law with a 0.02% limit.

Types of charges:

• DWI: BAC of 0.08% or higher
• Aggravated DWI: BAC of 0.18% or higher
• DWAI (Driving While Ability Impaired): BAC between 0.05% and 0.07%
• DWAI-Drugs: Driving while impaired by drugs

• Consequences: DWI in Buffalo can result in fines, license suspension or revocation, mandatory installation of an ignition interlock device, and even jail time. The severity of the punishment often depends on factors like BAC level and whether it's a first or repeat offense.
  Enforcement: Buffalo police actively enforce DWI laws through regular patrols and occasional sobriety checkpoints, especially during holidays and high-risk periods.
• Legal process: DWI cases in Buffalo are typically handled by the Buffalo City Court or Erie County Court, depending on the severity of the charge.
  Additional considerations: New York has an "implied consent" law, meaning that you've implicitly agreed to chemical testing if arrested for DWI by driving in the state. Refusing this test can lead to automatic license revocation and other penalties.

It's important to note that DWI laws are taken very seriously in Buffalo and throughout New York State. If someone is charged with DWI, seeking legal counsel to understand their rights and options is often advisable.

How a DWI Lawyer Near Me Can Help

At Trbovich Law Firm, we understand that facing a DWI charge in Buffalo can be overwhelming. Our experienced team of DWI defense attorneys are here to guide you through this challenging time and protect your rights. Here's how we can help:

Case Evaluation and Strategy Development

When you come to us with a DWI charge, we'll conduct a thorough evaluation of your case. This includes:

• Reviewing the circumstances of your arrest
• Analyzing police reports and any available evidence
• Assessing the validity of field sobriety and chemical tests

Based on this evaluation, we'll develop a tailored defense strategy designed to achieve the best possible outcome for your specific situation.

Protection of Your Rights

As your legal advocates, we ensure that your rights are protected throughout the legal process. This includes:

• Scrutinizing police procedures to identify any violations of your rights
• Challenging any unlawfully obtained evidence
• Representing you in all interactions with law enforcement and prosecutors

3. Negotiation with Prosecutors

In many cases, we can negotiate with prosecutors to reduce charges or penalties. Our established relationships within the Buffalo legal community and our reputation for vigorous defense often work to our clients' advantage in these negotiations.

4. Court Representation

If your case goes to trial, you'll have our experienced litigators by your side. We'll:

• Present a compelling defense in court
• Cross-examine prosecution witnesses
• Challenge the admissibility of evidence when appropriate
• Argue for the most favorable interpretation of the law

5. Mitigation of Consequences

Even in cases where a conviction can't be avoided, we work hard to minimize the impact on your life. This might involve:

• Advocating for alternative sentencing options
• Helping you enroll in alcohol education or treatment programs
• Assisting with license reinstatement procedures

6. Guidance Through Administrative Procedures

A DWI arrest triggers criminal proceedings and administrative actions by the DMV. We'll guide you through:

• DMV hearings to protect your driving privileges
• License suspension or revocation procedures
• Requirements for ignition interlock devices

7. Long-term Support

Our commitment to you doesn't end with the resolution of your case. We provide ongoing support, including:

• Advice on avoiding future legal issues
• Assistance with record sealing or expungement when eligible
• Guidance on how to move forward after a DWI

Don't Face DWI Charges Alone - Contact Trbovich Law Firm Today

Your future is too important to leave to chance. If you're facing a DWI charge in Buffalo, time is of the essence. Our experienced team at Trbovich Law Firm is ready to stand by your side and guide you through this challenging time.

Take the first step towards protecting your rights and your future. At Trbovich Law Firm, we're not just your attorneys – we're your advocates, your support system, and your path to a better tomorrow. Contact us today for immediate assistance.