What to Do If You’re Pulled Over for DWI on Long Island: A Step-by-Step Guide

It’s late on a Saturday night. You’re driving home on Sunrise Highway after dinner with friends. You had a couple of drinks, but you feel fine. Then you see the flashing lights in your rearview mirror. Your heart drops. What you do in the next 30 minutes can determine whether you face a DWI conviction, license suspension, and thousands of dollars in fines — or whether you walk away with your record and your future intact.

This guide walks you through every stage of a DWI stop on Long Island, from the moment you see the lights to the morning after. Knowing your rights isn’t just helpful. It’s your first line of defense.

Stage 1: The Traffic Stop

Pull over safely and immediately. As soon as you see the emergency lights, signal and pull to the right side of the road in a safe location. Use your turn signal. Don’t make any sudden movements. How you pull over is part of the officer’s observations — fumbling with the signal, drifting across lanes, or taking too long to stop can all be cited as signs of impairment.

Turn off the engine, turn on the dome light, and keep your hands visible. Place your hands on the steering wheel at the ten-and-two position. Don’t reach for your glove box, your phone, or anything else until the officer asks you to. Officers approaching a vehicle at night are on high alert, and visible hands reduce tension for everyone.

Be polite but brief. When the officer asks for your license, registration, and insurance, provide them. You are legally required to identify yourself and produce these documents. Be courteous and cooperative in handing them over.

Do NOT volunteer information. This is the most critical moment of the entire stop. The officer will likely ask: “Where are you coming from?” “Have you had anything to drink tonight?” “How much did you have?” You are not legally required to answer these questions. Anything you say can and will be used against you. A polite “I’d prefer not to answer that question” is your right. Don’t lie (saying “I had nothing” when you clearly smell of alcohol undermines your credibility), but don’t confess either.

Even if the officer says the odor of alcohol alone doesn’t mean you’re intoxicated, your admission of drinking gives the officer additional grounds to investigate further. Every word you say is being noted — and may be recorded on a bodycam.

Stage 2: Field Sobriety Tests

If the officer suspects impairment, you will likely be asked to step out of the vehicle and perform Standardized Field Sobriety Tests (SFSTs). These typically include three tests developed by the National Highway Traffic Safety Administration (NHTSA):

Horizontal Gaze Nystagmus (HGN). The officer holds a stimulus (usually a pen or finger) and asks you to follow it with your eyes. The officer is looking for involuntary jerking of the eyes, which can indicate alcohol impairment.

Walk-and-Turn. You are asked to walk nine heel-to-toe steps along a straight line, turn on one foot, and walk nine steps back. The officer watches for eight specific “clues” of impairment, including losing balance, stepping off the line, using arms for balance, and taking the wrong number of steps.

One-Leg Stand. You are asked to stand on one foot with the other raised approximately six inches off the ground, while counting aloud for 30 seconds. The officer watches for swaying, hopping, putting the foot down, and using arms for balance.

Here’s what most people don’t know: field sobriety tests are voluntary. You are not legally required to perform them. There is no statutory penalty in New York for declining field sobriety tests. These tests are designed to generate evidence of impairment for the officer’s arrest decision and the prosecution’s case. Sober people fail these tests regularly — due to nervousness, uneven road surfaces, footwear, medical conditions, age, or simply because balancing on one foot on the shoulder of Hempstead Turnpike at midnight is hard for anyone.

If you decline the field sobriety tests, say so politely: “I’d rather not perform those tests.” The officer may still arrest you based on other observations, but you’ll have avoided creating additional evidence. And if you’re wondering why you were arrested even though your driving was perfect, it’s because the officer’s observations at the scene — not your driving pattern alone — form the basis for a common law DWI arrest.

Stage 3: The Preliminary Breath Test (PBT)

After the field sobriety tests (or instead of them), the officer may ask you to blow into a handheld breath screening device at the roadside. This is the Preliminary Breath Test (PBT). A few important facts:

The PBT is also voluntary. There is no automatic penalty for refusing the roadside PBT in New York. This is different from the chemical test at the station (see below).

PBT results are not admissible at trial to prove your BAC. They are used only to help the officer establish probable cause for the arrest.

If you blow into the PBT and register a BAC of 0.08% or higher, the officer will almost certainly arrest you. If you decline, the officer will base the arrest decision on everything else: the smell of alcohol, your speech, your balance, your eyes, and your answers to questions.

Stage 4: The Arrest

If the officer determines there is probable cause to believe you are driving while intoxicated, you will be placed under arrest. Here’s what to expect:

You will be handcuffed and transported to the precinct or police headquarters. In Nassau County, this is typically the Nassau County Police Department (NCPD) headquarters in Mineola or a local precinct. In Suffolk County, it’s the arresting agency’s precinct.

You will be read your Miranda rights (“You have the right to remain silent…”). Exercise that right. Everything you say from this point forward is being recorded and can be used at trial.

You will be asked to take the chemical test. This is the formal breath, blood, or urine test at the station — the one covered by New York’s implied consent law. Unlike the roadside PBT, refusing this test carries automatic penalties: a 1-year license revocation and a $500 civil penalty for a first refusal, regardless of whether you’re ultimately convicted of DWI. Whether to submit or refuse is one of the most consequential decisions you’ll make, and it’s one you have to make without a lawyer present. If you’re unsure whether the police can force you to take the test, the short answer is: generally no, but there are exceptions in cases involving accidents with serious injury.

You will be processed, photographed, and fingerprinted. Your personal property will be inventoried and held. You will be given paperwork including a Desk Appearance Ticket or a date for arraignment, typically within 24–48 hours.

For a detailed walkthrough of everything that happens after the arrest, see our comprehensive guide on what happens after a DWI arrest in Nassau County.

Stage 5: After Release — The Critical First 24 Hours

Once you’re released from the precinct, the clock starts ticking on several important deadlines. What you do in the first day can shape the entire trajectory of your case.

Call a DWI attorney immediately. Don’t wait until your court date. Don’t wait until Monday. The sooner an attorney gets involved, the more options are available. Evidence can degrade. Memories fade. If you refused the chemical test, you have only 15 days to request a DMV refusal hearing before the automatic license revocation takes effect. If you’re wondering how much a DWI lawyer costs in New York, the answer varies — but the cost of not having one is almost always higher.

Write down everything you remember. As soon as possible, make detailed notes about the stop: the time, the location, what the officer said to you, what you said to the officer, whether you were read your Miranda warnings, how many times you were asked to take the chemical test, and the conditions at the scene (weather, road surface, lighting). These details may seem minor now but can become critical at trial or at a suppression hearing.

Do NOT discuss the case with anyone except your attorney. Don’t post about it on social media. Don’t text friends about what happened. Don’t call the officer or try to “explain.” Anything you say to anyone other than your lawyer is potentially discoverable and can be used against you. Attorney-client privilege is the only shield that protects your communications.

Do NOT drive if your license has been suspended or your keys were held. Depending on the circumstances, your license may be immediately suspended at arraignment. Driving on a suspended license is a separate criminal offense that will make your situation dramatically worse.

The “Don’t” List: Mistakes That Hurt Your Case

In the stress and confusion of a DWI stop, people make mistakes that undermine their own defense. Avoid these at all costs:

Don’t argue with the officer. Confrontation accomplishes nothing and creates evidence of belligerence that the prosecution will use at trial. Everything is likely being recorded on bodycam.

Don’t admit to drinking. “I only had two beers” is not an exoneration — it’s an admission. The prosecution will argue you underreported, and the jury will wonder what “two beers” really means.

Don’t try to talk your way out of it. Officers have heard every excuse. Charm, flattery, and sob stories do not prevent arrests. They do, however, create recorded statements that can be devastating at trial.

Don’t consent to a vehicle search. The officer may ask to search your car. You have the right to decline. A polite “I do not consent to a search” preserves your Fourth Amendment rights. If the officer searches anyway, your attorney can challenge the legality of the search.

Don’t assume you’ll be fine because you “only had a few.” A 160-pound person can reach a BAC of 0.08% after just 2–3 standard drinks in an hour. A 0.18% BAC — the threshold for Aggravated DWI — is easier to reach than most people think. And under Leandra’s Law, if you have a child under 16 in the car, any DWI becomes an automatic felony.

A Note About DWI Checkpoints

If you encounter a DWI checkpoint on Long Island, the same rules apply: be polite, provide identification, and exercise your rights regarding questions and tests. You cannot legally avoid a checkpoint once you are in the queue. For a complete guide to your rights at checkpoints, see our dedicated blog post on DWI checkpoints in Nassau County.

And if you’re wondering whether you can be charged with DWI even if your car was parked, the answer may surprise you — New York courts have held that “operation” of a vehicle can include sitting in a parked car with the engine running.

Contact Hochhauser Criminal & DWI Defense Immediately

If you’ve been pulled over and arrested for DWI on Long Island, the single most important thing you can do is call an experienced attorney now — not tomorrow, not next week, now. Richard Hochhauser is a former Nassau County prosecutor who has spent his career in the Nassau County DWI courts. He knows the officers, the ADAs, and the judges — and he knows exactly how to challenge a DWI case at every stage.

We represent drivers across Nassau County, Suffolk County, and all of Long Island in every type of DWI case: first offense, felony DWI, aggravated DWI, DWAI-Drugs, chemical test refusal, and more.

Contact us today for a free, confidential consultation. Call or text (516) 939-1529 — 24 hours a day, 7 days a week. Our office is located directly across from the Nassau County courthouse at 164 Jackson Street in Hempstead.