As the holiday season approaches, it’s crucial for Buffalo residents to understand DWI checkpoints, particularly how they operate, the penalties for driving under the influence, and how to avoid unnecessary legal trouble. The city sees a significant increase in DWI enforcement, and being informed ahead of time can prevent you from making a costly mistake. This article dives deep into what to expect at these checkpoints, the potential consequences of DWI, and how to stay safe on the roads this season.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
What Are DWI Checkpoints? 
DWI checkpoints, also referred to as DUI checkpoints in some areas, are police-established roadblocks where officers stop drivers to determine if they are under the influence of alcohol or drugs. In Buffalo, these checkpoints are set up during periods of high traffic, such as the holiday season, and are designed to catch drivers who may be impaired. By law, police are allowed to stop drivers at these checkpoints without the need for probable cause, making them a key tool in preventing impaired driving.
Purpose of DWI Checkpoints
The primary goal of a DWI checkpoint is to reduce the number of impaired drivers on the road. These checkpoints serve as a deterrent to prevent people from driving after drinking or using drugs. Given the busy nature of the holiday season, with an uptick in parties, gatherings, and celebrations, law enforcement agencies in Buffalo set up these checkpoints to keep roadways safer.
Where Are DWI Checkpoints Located in Buffalo?
DWI checkpoints in Buffalo are strategically placed in areas where traffic congestion is common, such as near highways, busy intersections, or bridges. Buffalo Police may set up checkpoints near popular nightlife areas like Elmwood Avenue or near the I-90 entrance and exit ramps. The exact locations often vary, but they are typically set up in areas where officers can easily observe a high number of drivers.
I was advised by a mutual acquaintance to contact Mr. Pressman following my DWI that I received on December 28, 2015. This was the best advice that I could have been given. He was available immediately to speak with. I was put at ease after speaking with him. It was my first DWI and I had no idea what to expect. It was an isolated case of making a very foolish decision to drive. I had so much anxiety and fear of the unknown. Throughout my whole case Mr. Pressman was very reassuring and kept a positive attitude about what my outcome was going to be. He was available several times when I had random questions and never made me feel like an inconvenience. He was right! My case ended up being reduced to a violation from a misdemeanor and now I can finally begin to have my life back to normal. It was a hard lesson to learn but with the right attorney by your side the transition will be easier. Anita D.
Why Do DWI Checkpoints Increase During the Holidays?
The holidays are synonymous with parties, celebrations, and an increase in alcohol consumption. Unfortunately, this also leads to a rise in impaired driving. As the holiday season approaches, law enforcement in Buffalo increases DWI enforcement efforts, including setting up more checkpoints to catch those who might be driving under the influence.
Statistics Around Holiday DWI Incidents
According to local traffic reports, Buffalo experiences a noticeable rise in DWI arrests during the holiday months of November, December, and January. On average, over 20% of all traffic accidents in Buffalo during this time involve alcohol or drugs. This increase in impaired driving is a major reason why police ramp up enforcement to ensure that drivers are not putting themselves or others at risk.
Increased Police Presence During the Holidays
The holidays also see an increase in police presence at these checkpoints. Officers are often stationed in higher numbers during this time to address the uptick in potential DWI violations. Law enforcement not only conducts random checkpoints but also uses various technologies to help spot impaired drivers, including roadside breathalyzer tests and drug recognition experts (DREs) trained to identify symptoms of drug impairment.
What Happens When You’re Stopped at a DWI Checkpoint in Buffalo?
If you approach a DWI checkpoint in Buffalo, it’s important to know what to expect. Though the specific procedure can vary, the general process remains the same.
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Initial Stop and Interaction with Officers
When you reach a checkpoint, you’ll be asked to pull over. Officers will typically ask for your driver’s license, vehicle registration, and proof of insurance. During this process, officers will observe your behavior for any signs of impairment, such as slurred speech, difficulty with coordination, or the smell of alcohol.
Field Sobriety Tests
If the officer suspects you may be impaired, you will likely be asked to perform a field sobriety test. This typically involves three parts:
- Horizontal Gaze Nystagmus (HGN): The officer will ask you to follow a pen or flashlight with your eyes as they move it left and right. They are looking for signs that your eye movements are jerky, which is often a sign of alcohol intoxication.
- Walk-and-Turn Test: You’ll be asked to walk a straight line, turn on one foot, and return in the same manner. This tests your balance and coordination.
- One-Leg Stand Test: You will be asked to lift one leg and hold it up while counting aloud. This test evaluates your ability to maintain balance.
Breathalyzer Test
If you perform poorly on the field sobriety tests, the officer may ask you to take a breathalyzer test. This will measure your blood alcohol concentration (BAC). A BAC of 0.08% or higher will result in a DWI charge in Buffalo. Refusing to take the test can lead to an automatic suspension of your driver’s license, even if you’re not found to be intoxicated.
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Penalties for DWI in Buffalo
If you are found to be driving under the influence in Buffalo, the penalties can be severe, especially during the holiday season when enforcement is stricter.
First Offense DWI Penalties
- Fines: A first-time DWI offender can face fines ranging from $500 to $1,000.
- License Suspension: Your driver’s license could be suspended for up to 6 months.
- Jail Time: While jail time is not always mandated for a first offense, it is still a possibility, especially if your BAC was significantly over the legal limit or you were involved in an accident.
- Probation: You may be placed on probation, which may include regular alcohol screening and attendance at a DWI education program.
Repeat Offender Penalties
For those with prior DWI convictions, penalties become even harsher. Second and third offenses can result in higher fines, longer license suspensions, and longer jail sentences. The court may also require the installation of an ignition interlock device, which prevents the car from starting if alcohol is detected on the driver’s breath.
Aggravated DWI
If your BAC is 0.18% or higher, you can be charged with aggravated DWI. In this case, the penalties increase significantly, and you could face fines as high as $2,500, a mandatory minimum of one year without a license, and possible jail time.
Can You Avoid DWI Checkpoints in Buffalo?
While you cannot avoid a checkpoint without facing legal consequences, there are ways to minimize your risk of being caught driving under the influence.
Plan Ahead: Designate a Driver
The best way to avoid DWI checkpoints is to avoid driving impaired in the first place. Designate a driver who is sober, or use a ride-sharing service like Uber or Lyft to get home safely. Even if you’ve had a couple of drinks, it’s always better to be safe than sorry.
Public Transportation
Buffalo has a number of public transportation options that can help you get home safely. The Niagara Frontier Transportation Authority (NFTA) offers bus routes that operate late into the evening, especially around the holiday season.
Avoid Driving Through Known Checkpoints
While this is not foolproof, you can attempt to avoid areas where checkpoints are commonly set up. Certain websites and social media groups sometimes share checkpoint locations, but keep in mind that law enforcement can set up checkpoints at any time, anywhere.
What to Do if You’re Arrested for DWI in Buffalo
If you find yourself arrested for DWI in Buffalo, it’s important to know how to proceed.
Cooperate with Law Enforcement
First and foremost, remain calm and cooperative with the officers. Don’t argue or resist, as that can lead to more charges.
Exercise Your Right to an Attorney
The next step is to seek legal counsel. At Arthur L. Pressman, Attorney at Law, we specialize in defending individuals facing DWI charges. We can help you understand your rights, build a defense strategy, and fight for a fair outcome in your case.
Buffalo DWI checkpoints serve as a reminder of the importance of responsible driving, especially during the busy holiday season. The best way to avoid the stress and legal troubles associated with DWIs is to plan ahead, avoid driving under the influence, and know your rights if you are stopped at a checkpoint. Remember, Arthur L. Pressman, Attorney at Law is here to help if you need assistance with a DWI case.
Stay safe and enjoy the holidays responsibly!