Whether you live in New York or elsewhere, the law considers driving while intoxicated a crime. Impaired driving isn't taken lightly in criminal court and those convicted of such behavior could face serious penalties and lifelong consequences.
The penalties for drunk driving in New York are steep and, depending on your DUI history, could result in life-altering consequences. However, there are times when it is appropriate to challenge the case against you or question the legality of your arrest, such as when law enforcement makes an arrest based on the results of a breath test.
The question "are police stops always legal" is simple, yet the answer can be complicated. A law enforcement officer must have a reason to pull you over. This means that an officer must observe something about your vehicle or driving which is in violation of the law, or which gives that officer a reasonable suspicion that you are.
Our country prides itself on the constitutional rights afforded to its citizens. One such right currently under fire is that of the freedom from unreasonable searches and seizures. This right, established under the Fourth Amendment, is being debated within the Supreme Court of the United States (SCOTUS).