Brooklyn DUI Lawyer
A Brooklyn DUI Lawyer can agree that contending with a DUI arrest can be a scary experience. If you or a loved one has been arrested for a DUI or a DWAI, it is important to be aware of your rights, and ensure that you receive the strongest defense possible. A DUI offense is defined pursuant to New York Vehicle and Traffic law 1192. If you have operated a motor vehicle with a blood alcohol level of .08% or higher, you can be charged with a DUI. The penalties if convicted can be severe and include jail time, suspension or loss of your license, and probation. Speak with an experienced New York DUI Lawyer from the office of Stephen Bilkis & Associates, PLLC for advice and guidance.The Arrest
Being arrested is a humiliating and scary experience. It is important to always remember however, to say as little as possible during the process. Anything you say can be used against you later in court. You should always be courteous to police, and provide them your basic information such as name and address. Beyond that, it is wise to remain silent until you have called your DUI lawyer.Your Rights
If you are arrested for a DUI, the police are obligated to read you a Miranda warning before they can question you.
In this warning, you should be told that you have a right to remain silent, and that anything you say can be used against you later in court. You should also be advised that you have a right to an attorney, and if you cannot afford one, an attorney will be appointed to you.
After you have been advised of your rights you will have to verbally agree to waive your rights before the police are allowed to question you. These rights only apply after you have been arrested, so if you have only been detained, the police can ask questions without first reading the Miranda warning.Being Questioned by Police
After you have clearly waived your rights, you can be questioned by police. It always wise to have a skilled New York Drunk Driving Lawyer from Stephen Bilkis & Associates, PLLC present before you answer any questions.
The police have the right to collect evidence from you, and if you are under suspicion of a DUI or DWAI, they will most likely ask you to undergo a blood, urine or Breathalyzer test. Because of the law of Implied Consent, you are expected to cooperate. If you refuse, you could risk having your license suspended, and your refusal can be used against you in court.Search of Your Vehicle
When you are under arrest, the police have the authority to search your vehicle without a warrant. If they have a suspicion that you have drugs or other illegal substances, weapons, or stolen property they can perform a search. Even if you are initially stopped for a minor traffic infraction, if there is an illegal item in plain view they are allowed to confiscate it. If the situation warrants it, they are allowed to impound your vehicle and conduct a thorough search of your car including all closed compartments.
There is no question that being arrested for a DUI or DWAI offense is a frightening experience. The penalties you are facing are serious and can include jail time, fines, probation and the loss or suspension of your license. It is important to seek legal guidance from an experienced New York Felony DWI Lawyer from Stephen Bilkis & Associates, PLLC as soon as possible. We can provide you with sound legal guidance and want to ensure your rights are protected at every stage of the legal process. When you come in, we can also provide you with a free consultation. Whether you have been charged with a Felony DUI, drunk driving or a serious Aggravated DUI charge, we can help. We have offices located throughout New York including Westchester County and Suffolk County and Nassau County on Long Island. We also have locations serving New York City including Manhattan, Queens, Staten Island, Brooklyn and the Bronx. Call our office today to schedule your consultation at 1.800.NY.NY.LAW.