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What are my rights if I am stopped by the New York City Police Department in my car?

If you are stopped in your car you must produce your license, registration, and insurance information. There are certain circumstances in which your car may be searched without a warrant. In those cases, simply state that you do not consent to the search. Do not interfere or obstruct the police or you may be arrested for obstruction of justice.

The police have the right to stop you for suspected driving while intoxicated. In such a case you may be asked to take a chemical test to determine your blood alcohol content. Blood alcohol content (BAC) is the percentage of alcohol in your blood and is normally determined by a chemical test of breath, blood, urine, or saliva. A BAC of more than .05 percent is legal evidence that you are impaired, a BAC of .08 percent or higher is evidence of intoxication, and a BAC of .18 percent or more is evidence of aggravated driving while intoxicated. Driving while impaired or intoxicated is a serious traffic safety problem in New York. It is estimated that more than 20 percent of all highway deaths in New York involve the use of alcohol or other drugs.

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The Law Office Bryan Hutchinson, PLLC is committed to answering your questions about personal injury, divorce, and probate and estate administration issues in New York. We offer free consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.