Bronx DUI Lawyer
Being arrested for a DUI or DWAI may be an unpleasant experience, to say the least. Suddenly, you most likely will thrown into a world with which you are probably unfamiliar, a world of bookings, court dates, and legal terminology. An experienced New York Aggravated DUI Lawyer from Stephen Bilkis & Associates, PLLC can advise you to take immediate steps to ensure that your rights are protected. In New York, a first time DUI offense is a misdemeanor, and is defined in New York Vehicle and Traffic Law section 1192. A DUI is defined as operating a motor vehicle with a blood alcohol content (BAC) of .08% or higher. The penalties you could be facing for a drunk driving conviction are substantial, and can include jail, substantial monetary fines, probation, and loss of your driver’s license.The Arrest Process
Though you are likely shocked and upset at the prospect of being arrested, it is important to be very aware that everything you say can be used against you later in court. For this reason, it is important to say as little as possible. Politely give your basic information to the police, but do not divulge any extra information. Contact a qualified Bronx DUI Lawyer from the Stephen Bilkis & Associates, PLLC team before answering any questions.What Are My Rights?
If you are formally arrested, the police should read you your rights, which is known as a Miranda warning. They must do this before they are allowed to question you.
The police must advise that you have the right to remain silent, and that any information you give can be used against you. You also have the right to a lawyer present, and one be appointed if you cannot afford it.
After you have been read your rights, you will have to demonstrate that you understand your rights. You will have to clearly waive these rights before the police are allowed to question you.Being Questioned by Police
If you have waived your rights, the police can question you. They will probably also collect physical evidence from you, and will most likely request that you take a Breathalyzer, blood or urine test to measure the amount of alcohol in your system. You are obligated to cooperate with this request, because of the concept of Implied Consent. You may have your license suspended if you refuse to take a test, and that refusal can be used against you later in court.Search and Seizure
When you are under arrest, the police are authorized to search your car without a warrant. If they suspect that you have illegal substances, weapons or stolen property for instance, they can search and confiscate these items. If the situation merits it, your car may be impounded and they can conduct a more thorough search of your vehicle including any closed compartments.
If you or a family member has been charged with drunk driving, driving while intoxicated, underage DWI or another related crime, it is important to obtain the advice and guidance of our dedicated New York DWI Lawyer as soon as possible. Contact the offices of Stephen Bilkis & Associates, PLLC for advice and guidance. Whether you have been charged with a Felony DWI, or have been charged with an Aggravated DWI, or DWAI, we want to discuss possible defense strategies with you and ensure that your rights are protected. When you come in, we can provide you with legal guidance and a free consultation. We have offices serving New York including Nassau County and Suffolk County on Long Island, and Westchester County. In New York City we have locations in Queens, Manhattan, the Bronx, Brooklyn and Staten Island. Call us today to make an appointment at 1.800.NY.NY.LAW.