If you are found drunk while pulled over in your car in New York, the situation can be quite complex and depends heavily on the specific circumstances. Here’s a detailed look at what you might face and the legal nuances involved:
Circumstances of the Situation
- Location and Condition of the Vehicle:
- If your car is parked safely off the road, such as in a bar parking lot, you might be in a better position than if you are on the side of the road.
- A crashed vehicle or one precariously parked may suggest that you were driving under the influence.
- Your Physical Condition:
- Being passed out or visibly intoxicated can lead the police to suspect that you were driving drunk.
Legal Interpretation
According to DWI attorney Edward Fiandach, New York State law allows for circumstantial evidence to establish that you were operating the vehicle while intoxicated. For example:
- If your car is found crashed into a guardrail with no bars or taverns around and no alcohol in the vehicle, it can be inferred that you were driving drunk.
- If you’re found asleep in your car on the side of the road, it can be assumed you drove there in an intoxicated condition.
Police Procedure
When a police officer finds you drunk in your car:
- Initial Inquiry:
- Officers have a public safety exception that allows them to inquire about the situation if you appear passed out or injured, even without probable cause.
- Detection of Alcohol:
- If the officer detects alcohol, they may ask if you’ve been drinking and perform a Horizontal Gaze Nystagmus test, an eye examination to check for signs of intoxication.
- Field Sobriety Tests:
- If intoxication is suspected, the officer will ask you to step out of the car and perform more intensive field sobriety tests, such as walking heel-to-toe or standing on one leg.
- Breath Test:
- You may be asked to blow into a breath-testing device. While this test isn’t admissible in court, it provides the officer with an indication of your alcohol consumption.
- Refusing this initial test at the scene doesn’t carry penalties in New York State.
- Arrest and Chemical Test:
- If the officer has sufficient evidence of intoxication, you will be arrested and taken to the police barracks for an official evidentiary breath test.
- Refusing this chemical test at the barracks results in an immediate license suspension and subsequent revocation.
Legal Consequences
- DWI Charge:
- Driving While Intoxicated (DWI) is a crime in New York and involves operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.
- DWAI Charge:
- Driving While Ability Impaired (DWAI) is a lesser offense and a traffic infraction in New York. It carries serious licensing sanctions but is not a criminal charge.
- If evidence isn’t strong enough for a DWI, you might be charged with DWAI, especially if you perform relatively well on field sobriety tests.
Refusal Penalties
- Chemical Test Refusal:
- Refusing the chemical test can lead to license suspension and revocation, irrespective of the outcome of the criminal case.
- You might be held for arraignment if you refuse the test, although bail is generally not set for a DWI charge.
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Summary
If found drunk in your car, even if not driving, you could face significant legal consequences in New York. The police will investigate based on circumstantial evidence, conduct sobriety tests, and may arrest you if they suspect you were driving under the influence. Understanding your rights and the legal procedures can help navigate this challenging situation.
Reference Article:
https://www.democratandchronicle.com/errors/404/