What Rights Do You Have During a New York DWI Stop?

Nov 28, 2025

If you’re stopped here in Mineola, NY, you do have some rights as well as responsibilities. And if you’re being charged with a DWI, you’ll want to exercise one of your most important rights immediately: your right to talk with a DWI attorney.

What Rights Do You Have During a Mineola, NY DWI Stop?

The Right Not to Volunteer Information

As soon as they pull you over, the police may try to get you talking. You do have to answer basic questions about who you are, and you do have to show your license and the registration, and proof of insurance on your car, but you don’t have to volunteer anything else.

If you’re asked questions like, “Do you know why I stopped you?” simply say, “No.” You don’t have to answer whether you’ve been drinking or not, nor do you have to tell the police where you’re going, what you’ve been doing, etc.

The Right to Refuse a Search

If the police ask to search you or your car, always tell them no. Now, if the police have reasonable cause to believe that you’re committing a crime, such as if they smell marijuana or see an open container of alcohol next to you in the car, then they can search without your consent. But always tell them no, anyway.

Be polite, but just say you do not give your permission for a search. That way, even if they think they have probable cause, your lawyer can challenge it later. And if it turns out they didn’t have a good reason, they won’t be able to turn around and say that it doesn’t matter, as you told them it was all right to search.

The Right to a Lawyer

If you’re arrested, you have the right to legal help, and you have the right not to say anything once you’ve been arrested without your lawyer present. If they take that step, immediately say that you want a lawyer and answer all questions they ask you with that same response: I want to talk to a lawyer.

The Right to Refuse a Breathalyzer Test (Sort of)

This is a tricky one. Technically, you can refuse to take a breathalyzer test. However, if you do, you will probably be arrested, and you will definitely lose your license and be fined, even if you’re not charged with a DWI. That’s because of New York’s implied consent laws. By getting a driver’s license in the first place, you give your consent to taking a breathalyzer test when asked and agree to penalties if you refuse.

Right to Refuse a Field Sobriety Test

If the police ask you to get out of your car and do a field sobriety test, you have the right to refuse, and you don’t have to worry about losing your license over this. However, if you refuse that test, they will almost certainly want you to take a breathalyzer test.