In New York, the winter season presents unique challenges for drivers, including the potential for dangerous road conditions. Snow and ice can not only affect driving behavior but also impact the way law enforcement approaches DWI charges. As a driver navigating these treacherous conditions, it’s crucial to understand how weather affects police observations and the steps you can take to protect yourself. Arthur L. Pressman, Attorney at Law, specializes in defending clients against DWI charges in Buffalo and beyond, helping you understand how winter weather can influence your case.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
The Impact of Snow and Ice on DWI Investigations 
During winter in New York, snow and ice create driving hazards that are difficult to manage. These road conditions naturally lead to more traffic stops, as police officers are more vigilant in identifying dangerous drivers. However, these conditions can also create misunderstandings, where normal, safe driving behaviors are misinterpreted as signs of impairment.
- Weaving and Swerving: Snow and ice on the roads make it more difficult to maintain a straight line. Vehicles may swerve or weave slightly in their lanes. While this could be due to weather conditions, it might be perceived as evidence of impaired driving, prompting a police officer to pull over a driver for further investigation.
- Slower or Erratic Braking: Sudden braking due to icy conditions is common in the winter months. However, this can raise suspicion in a police officer, who may interpret it as a sign that the driver is under the influence, even if the driver is simply trying to maintain control on slick roads.
- Poor Vehicle Control: With snow accumulation or icy conditions, a vehicle might slide or drift unexpectedly. These actions could make a police officer suspect that the driver is having difficulty due to alcohol or drug impairment, even if weather conditions are the actual cause.
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.
What Police Look For During Traffic Stops in Winter Weather
Police officers in New York are trained to look for specific behaviors when making a DWI stop. In winter, snow and ice can make it more challenging for drivers to control their vehicles, and police may interpret certain driving patterns as signs of intoxication.
- Clumsy or Slowed Movements: It’s not uncommon for drivers to exhibit slow or clumsy movements when stepping out of their vehicles during winter conditions. Ice and snow can make it hard to maintain balance, which may be misinterpreted by officers as a sign of impairment.
- Difficulty Speaking or Answering Questions: The cold temperatures and stress of winter driving can cause individuals to speak more slowly or appear disoriented. When an officer asks questions during a stop, the driver might not answer as clearly or promptly as they would in normal conditions, leading the officer to think they are intoxicated.
- Visible Evidence of Weather Effects: If a driver exits the vehicle with snow on their clothing or shoes, it could be seen as evidence of uncoordinated behavior. However, the officer may not realize that the driver is simply dealing with the challenges of winter weather rather than showing signs of intoxication.
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How Snow and Ice Affect Field Sobriety Tests
Field Sobriety Tests (FSTs) are commonly used by police officers to determine whether a driver is impaired. However, winter weather conditions can make these tests more difficult for a driver to perform, leading to a higher likelihood of failure on a test, even if the driver is sober.
- The Walk-and-Turn Test: This test requires drivers to walk in a straight line, turn, and return to their original position. In snowy or icy conditions, the ground can be slippery, making it difficult for the driver to stay balanced. Officers may interpret any difficulty with this task as a sign of impairment, even though the conditions are the real issue.
- The One-Leg Stand Test: This test is often tricky for individuals in good weather, but during winter, it becomes even more challenging. Ice and snow can cause a driver to lose their balance more easily. An officer might assume that a failure to complete the test is due to intoxication, rather than environmental factors.
- Horizontal Gaze Nystagmus (HGN): The HGN test requires drivers to follow an object with their eyes. In cold, snowy weather, the driver may have trouble focusing due to the stress of the environment, leading to inaccurate results on this test.
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DWI Penalties in New York: Weather Conditions and Aggravating Factors
While weather conditions might play a role in how police assess DWI cases, they do not alter the penalties associated with a conviction. In New York, the penalties for DWI can be severe, regardless of the weather. However, certain aggravating factors related to winter weather may result in harsher penalties.
- Aggravated DWI: If a driver is arrested for DWI with a blood alcohol content (BAC) of 0.18% or higher, they could be charged with an Aggravated DWI, which comes with stricter penalties. In winter months, alcohol consumption often increases due to holiday parties and celebrations, raising the likelihood of being stopped and charged.
- Leandra’s Law: This law makes it a felony to drive under the influence with a child passenger under the age of 16. Winter months can lead to an increase in family travel, making this an important consideration during holiday seasons. Driving under the influence with children in the car can result in serious consequences, especially if road conditions are poor.
The Importance of Legal Representation During Winter Traffic Stops
In winter, New York drivers are more likely to face DWI charges due to the increased visibility of traffic violations caused by snowy or icy conditions. If you are facing DWI charges following a winter traffic stop, it is essential to seek legal counsel immediately. At Arthur L. Pressman, Attorney at Law, we specialize in defending individuals accused of driving while intoxicated in Buffalo and the surrounding areas.
Our experienced legal team understands how winter weather conditions can complicate a DWI case. We work diligently to challenge the validity of evidence collected during a winter traffic stop, ensuring that your rights are protected. We can examine whether weather-related factors led to a misinterpretation of your driving behavior, potentially helping to reduce or dismiss your charges.
Snow and ice create significant challenges for drivers, and these weather conditions often lead to DWI charges, even for those who are sober. Understanding how police officers interpret behaviors during winter traffic stops is essential for anyone facing DWI charges in New York. By working with a knowledgeable attorney from Arthur L. Pressman, Attorney at Law, you can ensure that your case is handled with the utmost care and attention, helping you to navigate the complexities of DWI charges during winter weather. Don’t let the impact of snow and ice on your driving behavior determine your future. Contact us today for a free consultation.