Arrested For DWI?
A DWI traffic stop typically begins when a police officer stops your vehicle based on probable cause. The police have many reasons to justify probable cause, including:
An experienced NYC DWI lawyer will investigate the police officer’s report and identify potential reasons to challenge the officer’s justification for the DWI traffic stop. A successful challenge can lead to the district attorney dropping the charges.
On weekends and holidays, the police may set up DWI checkpoints, usually near bars and restaurants known for serving alcohol. While it is legal for the police to establish DWI checkpoints, only an experienced DWI lawyer knows how to challenge the legality of police procedures in the setup and execution of these checks.
If you are stopped by police while driving, we recommend following these guidelines:
Remember, at this point, the police are conducting an investigation to determine if they should detain and arrest you. The police at a DWI traffic stop may act friendly and casually ask questions, but you should not answer without legal counsel present to advise you of your rights. Anything you say at this stage can and will be used against you in court, even if the police have not yet read you your Miranda rights.
Although marijuana has been legalized for sale in New York City, it is still illegal to drive with marijuana in your car or in your blood. The telltale scent of the drug will prompt the police to search your vehicle for evidence. This can often lead to an arrest for driving while ability impaired (DWAI), which still results in the police arresting you, towing your car, and having your driver’s license suspended by the DMV.
Once your vehicle is stopped, the police will directly ask if you have been drinking alcohol. Never admit to drinking, as this will likely lead to a faster arrest. The police will remain skeptical and look for signs of intoxication, such as the smell of alcohol on your breath, blurry eyes, slurred speech, dilated pupils, and other indicators of alcohol consumption.
Most drivers are unaware that DMV traffic laws include an implied consent clause requiring you to agree to a field breathalyzer test. The portable units used outside the police station are notoriously inaccurate, and their results have been successfully challenged and overturned in numerous court cases, where a judge may instruct a jury to disregard the results. Only an experienced NYC DWI lawyer is qualified to challenge a field breathalyzer, and a defendant without qualified legal counsel has little chance of disputing those results.
If the police have any reason to suspect that you are driving while intoxicated, they will ask you to perform a series of field tests to determine if they have cause to proceed with an arrest. If you feel confident that you can pass these tests, we recommend taking them, but bear in mind that only an experienced New York City DWI lawyer is qualified to challenge the procedures. The field tests often include:
An experienced NYC criminal defense attorney is highly qualified to challenge the results of these DWI field tests. A defendant without legal counsel is at the mercy of the court, which is rarely lenient on defendants without proper representation.
If you are arrested for driving while intoxicated, it will take the police between 60 and 90 minutes to bring you to the police station, where you should consent to a blood alcohol test, either by Breathalyzer or by providing a blood sample. These additional 60–90 minutes allow your body to metabolize any alcohol, which may reduce the chances of a DWI charge. While offering blood is the only guaranteed way to accurately measure your blood alcohol content, this can be a double-edged sword. If the police find other illegal substances in your blood, such as THC, cocaine, prescription opioids, or other drugs, you could face additional criminal charges.
The police will process you for an arraignment before a judge, which typically takes between 12 and 72 hours, depending on the location of the arrest. At every opportunity, we recommend that you politely ask for a lawyer to represent you and refrain from answering questions beyond basic facts like your name, address, date of birth, and social security number. Any statements you make in the presence of the police are used as evidence in your prosecution, even if the police have not yet read you your Miranda rights.
Based on the charges presented and if you have prior convictions, a judge will determine whether to release you on your own recognizance, require you to post bail to ensure your next court appearance, or detain you in jail without bail. If you cannot afford to post bond, you may spend between 5 and 120 days in jail, allowing the state prosecutors time to develop and present a case to a grand jury. NYC DWI lawyers strongly encourage you to rely on experienced legal counsel to reduce the chances of a bad outcome during arraignment. Keep in mind that if you are charged with driving while intoxicated or driving while ability impaired, the costs of towing, storage, court costs, fines, and other penalties can quickly approach $2,000. If convicted of a DWI charge, you also face time in prison, which is an outcome you should seek to avoid.
Based on the penalties for a DWI conviction, the stakes are high. We strongly encourage you to retain a DWI criminal defense attorney who specializes in DWI charges to investigate your case, negotiate a plea bargain, or defend you at trial. Don’t delay, call 917-519-8417 to consult with a New York City DWI lawyer.
The Law Offices of Michael S. Discioarro specialize in criminal DWI defenses and can have charges dropped or negotiated, as well as get your car and your license back. Schedule a consultation today! We represent people in:
