What Happens After a Drunk Driving Arrest?
Bronx DWI Lawyer
If you have been arrested and charged with driving under the influence (DUI) of drugs or alcohol, you need skilled legal representation on your side.
The legal blood alcohol content (BAC) limit in the state of New York is 0.08%, and if your BAC is found to be at or above this level, then you will be arrested and charged with driving while intoxicated (DWI).
If a police officer believes you to be driving under the influence and your BAC shows traceable amounts of alcohol less than the legal limit, you could still be charged with the crime of DUI. Depending on your charges, you could face a range of penalties upon conviction.
Have you been charged with a DWI in The Bronx? Call The Law Offices of Elliot S. Kay at (646) 759-9233 today to get started on your defense!
The Process After an Arrest
Taking a chemical test: When you're issued a driver's license in New York, you give implied consent to submit to a chemical test if you're arrested for a DWI offense. That means you agreed to the assessment without actually saying it. After you're booked for your DWI arrest, the law enforcement officer may ask you to take a blood, breath, saliva, or urine test to determine the amount of alcohol in your system. Technically, because you gave implied consent, you are required to comply with the officer's request. You can refuse, but doing so could lead to greater penalties. The first time you refuse a chemical test, you will be required to pay a $500 civil fine, and your driver's license will be revoked for up to 1 year. If you're a commercial driver, you face a $550 penalty and an 18-month driver's license revocation for a first refusal.
Invoking your Fifth Amendment rights: One of the things must do if you have been arrested for a DWI is refrain from answering law enforcement official’s questions about the offense. You have the right to remain silent, and any information you give could later be used against you in court.
Receiving counsel from a lawyer: Another thing you must do is to contact a skilled Bronx criminal defense attorney to begin building your case. Do not answer any questions or speak with anyone until you are able to consult with an attorney. At The Law Offices of Elliot S. Kay, we have handled these cases in the past, and you can be sure that we will work with you to seek the results you need for your future.
Attending an arraignment: After your DWI arrest, you'll be scheduled for an arraignment. This part of the process involves the judge reading the formal charges to you. During your arraignment, you could plead either not guilty or guilty. You can have a lawyer with you to help you understand the process and advise you on how to proceed. Know that in New York, you generally cannot arrange a plea bargain with the prosecutor for lesser (non-alcohol-related) charges. This is why it's especially helpful to have a skilled attorney in your corner, fighting the charges.
Attending a refusal hearing: If you refused to take a chemical test after your arrest, you will receive a notice regarding the temporary suspension of your driver's license. You will also be scheduled to attend a DMV hearing, which is held to determine whether or not your driving privileges should be revoked. If you do not show up, you're considered to be waiving the hearing, and your driver's license revocation will take effect immediately. The DMV hearing is separate from the criminal trial. This means that even if you are not found guilty of DWI, you could still lose your driver's license for up to 1 year (for a first refusal). The burden of proof is low during an administrative hearing, which is why it's crucial to have an attorney working to protect your best interests.
Defending the Criminally Accused
If you are facing criminal charges for DWI, then it is important to seek the representation our attorney at The Law Offices of Elliot S. Kay offers. There is no evidence brought forth by the prosecution in a DUI case that we cannot fight against to challenge its validity and admissibility. We have years of experience representing the residents of Bronx, New York in various criminal defense matters, and we can provide you with the representation that you need on your side. We offer a free case evaluation so that you may obtain legal advice regarding your situation before making any financial commitment to our firm.