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What to Know About Sobriety Checkpoints in NY this NYE

New York State law enforcement is expected to increase the number of sobriety checkpoints this New Years Eve in an attempt to keep drunk drivers off the roads. It is likely that law enforcement will also enlist the assistance of the Drug Recognition Experts. These experts will assist law enforcement in determining if an individual is impaired by drugs other than alcohol.

Sobriety checkpoints are used to raise awareness about our society’s drunk driving problem. High-visibility enforcement can reduce drunk driving fatalities by as much as 20 percent.

New York State has a STOP-DWI program that has led to a significant amount of reductions in the number of fatalities related to alcohol and drugs in New York.

What are my rights if I am pulled over at a sobriety checkpoint?

During a checkpoint, you will first speak with the officers conducting the checkpoint. The officers may ask you if you have been drinking and will advise you as to why they are conducting a checkpoint.

Officers can also ask you to pull over for investigation. This will be done if they smell alcohol from your vehicle or person. They may ask you to answer questions, step out of the vehicle, or participate in standardized field sobriety testing if they believe you are under the influence of alcohol or drugs.

You are not required to do any of these things. However, if you refuse to submit to chemical testing or a field sobriety test, you may be arrested if the officer has reasonable grounds to believe you are under the influence.

How can an attorney help me?

It is crucial that you retain the services of an experienced attorney if you have been arrested at a sobriety checkpoint this New Years Eve. Your attorney will be able to assess your case to ensure the sobriety checkpoint was lawfully conducted. If they can prove that the officer did not have probable cause to arrest you, they will have a viable defense against your DUI charge. If your attorney can prove that the checkpoint was unlawful in any way, they will have a viable defense against your DUI charge. Having an attorney in your corner may be able to decrease the severity of your DIU charges if your arrest was conducted lawfully.

To learn more about our Spring Valley DWI defense attorney and how we can assist you, give our firm a call today.


Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.

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