Latest / BSPE Legal Marketing Podcast / What Counts as Probable Cause for a DWI Arrest in New York? - Jason Bassett

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What Counts as Probable Cause for a DWI Arrest in New York? - Jason Bassett · BSPE Legal Marketing Podcast

• 0:00
  SPEAKER_00: What counts as probable cause for a DWI arrest in New York?
• 0:03
  SPEAKER_00: When a police officer pulls you over on a Long Island road, the legal standard they must meet to arrest you for DWI is far more specific than most drivers realize.
• 0:12
  SPEAKER_00: Probable cause is the level of evidence an officer needs before making a DWI arrest, requiring concrete observable facts that would convince a reasonable person the driver was intoxicated.
• 0:22
  SPEAKER_00: Those facts can include the smell of alcohol on the breath, slurred speech, bloodshot eyes, shaky balance, poor performance on field sobriety tests, or a positive roadside breath test.
• 0:34
  SPEAKER_00: New York DWI cases actually rest on two separate legal thresholds.
• 0:38
  SPEAKER_00: Reasonable suspicion to justify pulling you over, and probable cause to justify the arrest that follows.
• 0:44
  SPEAKER_00: Under NYCPL section 140.50, an officer only needs specific articulable facts suggesting possible impairment, like swerving within a lane or an unusually delayed reaction at a green light.
• 0:57
  SPEAKER_00: To initiate a stop, probable cause, however, demands a higher level of certainty, requiring a fair probability that a crime has actually been committed before an officer can place someone under arrest.
• 1:08
  SPEAKER_00: If law enforcement fails to meet the correct standard at the correct stage, the case may be vulnerable to a constitutional challenge, and critical evidence could be suppressed entirely.
• 1:17
  SPEAKER_00: Many DWI stops begin with something as minor as a broken taillight or a failure to signal, which under People v.
• 1:24
  SPEAKER_00: Robinson legally opens the door to a full DWI investigation.
• 1:27
  SPEAKER_00: Defense attorneys can challenge the initial stop through a pretrial dunaway suppression motion, using body worn camera data, 911 dispatch audio, and radar calibration records to expose a lack of lawful justification.
• 1:40
  SPEAKER_00: If a court finds the stop unlawful, every piece of evidence gathered afterward, including breathalyzer results, field sobriety scores, and driver admissions, must be thrown out under the fruit of the poisonous tree doctrine.
• 1:52
  SPEAKER_00: From the moment an officer approaches your window, every sensory observation is deliberately documented to build a probable cause narrative, including odors, physical appearance, speech patterns, and motor skills.
• 2:04
  SPEAKER_00: These observations are highly subjective, and a skilled attorney knows that many of the signs officers cite as intoxication, have entirely lawful explanations that deserve scrutiny in court.
• 2:14
  SPEAKER_00: Jason Bassett, a lawyer who earned his jurisdoctor from Boston College Law School, and formerly served as an assistant district attorney in Queens County, brings that prosecutorial insight directly to DWI defense across Long Island.
• 2:27
  SPEAKER_00: His law firm, the Law Offices of Jason Bassett PC, regularly challenges traffic stops, contests field sobriety results, and scrutinizes police reports to identify where probable cause arguments fall short.
• 2:39
  SPEAKER_00: If you are facing a DWI charge and need a lawyer who understands every stage of the process, from the initial stop to the arrest, contact the law offices of Jason Bassett PC.
• 2:50
  SPEAKER_00: Located at 320 Carlton Avenue Hash 4200, Central Islip, New York 11722, by calling 631 259, 6060 to protect your rights and start building your defense today.