When a police officer is involved in a DWI stop, usually they are the ones doing the arresting, not the ones getting arrested. The assumption is that police officers will set a good example and uphold the law.
Police DWIs in New York
However, this past weekend in Manhattan an off duty police officer was arrested for a DWI after hitting two pedestrians. The police officer refused a breathalyzer test. However, this man was not the only officer of the law to get caught driving while under the influence.
A corrections officer was arrested for drunken driving in Queens in March. After he was pulled over he blew twice the legal limit and was charged for driving in the wrong direction on a one way street.
Last year, a NYPD highway cop crashed his SUV on Staten Island and registered a BAC of .43 which is over five times the legal limit. The officer was reportedly unintelligible in speech at ten in the morning on a fall Saturday. A .43 BAC is the equivalent of a 140 pound man having 14 drinks in an hour which is the equivalent of a beer every four minutes.
While many police officers never get in trouble with the law, there are a few who have problems with the rules. The examples above are a few regional examples, but there are cops all over the United States who think they will can drive under the influence without consequences.
What happens when a police officer is arrested for DWI?
While some may believe that police officers are above the law, and they will not be subject to the same criminal penalties, this is not the case. New York DWI does not carve out an exception for police officers. It merely says no person shall operate a motor vehicle while impaired. The police officer will receive the same penalties as an average citizen. Like other DWIs the penalties will increase based on the severity of the circumstances and the officers existing driving record. If the police officer has other DWIs or serious driving offenses the penalties will be harsher.
In some situations, a police officer being charged with a DWI can face consequences that are more serious than those suffered by an individual outside of law enforcement. If the officer drinks and drives while on duty, it will likely be in violation of the officer’s contract for employment. It is likely the officers will lose their job, or become decommissioned which means the officer is out of police service.
Officers also face the pressure when they make arrests because the individual they are arresting may be a supervisor or another individual who could negatively impact the arresting officer’s career.
Whether you are arrested by an officer or you are the officer being arrested, it is important to consult an experienced DWI attorney to help with your case.
How can we help?
Charged with a DWI in New York? Contact our team today to learn your options. We’re available 24/7; 1-866-792-7800.
DISCLAIMER: The exclusive purpose of this article is educational and itis not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 269 W.Jefferson St.; Syracuse, New York 13202; Telephone No.: 1-866-792-7800. Prior results do not guarantee a similar outcome. Attorney Advertising.