Manhattan DUI Lawyer
Being arrested for a DUI or DWI is a very confusing and frightening experience. A Manhattan DUI Lawyer would tell you that if you have been arrested, it is important to obtain qualified legal advice as early on in the process as possible. The penalties that you could be facing are serious and include jail time, loss of your license, fines and probation. Speak with a dedicated New York DWI Lawyer from our team at Stephen Bilkis & Associates, PLLC as soon as possible.The Arrest
In New York, a DUI offense is defined in section 1192 of the Vehicle and Traffic law as operating a motor vehicle with a blood alcohol level of .08% or higher. If police stop you, it is important that you do not volunteer any information. Things that you say can be used against you later and hurt your case. You should always however be polite, provide your identification, and give them your basic information such as name and address.What are My Rights?
When you are arrested, you must be read a Miranda warning prior to any questioning. Your Miranda Rights include:
- A right to remain silent, anything you say can be used against you;
- A right to a lawyer present during questioning; if you cannot afford a lawyer, one will be provided.
After you have been read your rights, you have to clearly waive those rights before the police can question you. Note that the rules surrounding Miranda warnings only apply if you have been arrested. If you have only been detained, there is no requirement for the office give read your Miranda warning. In this instance, anything you say can be used against you, so it is important to give as little information as possible.Police Questioning
If you have clearly waived your rights, police can question you. It is generally recommended however that you do not say anything without your dedicated New York Drunk Driving Lawyer from Stephen Bilkis & Associates, PLLC present.
The police have the right to collect physical evidence from you. You may be required to provide a Breathalyzer, blood or urine test to measure the alcohol levels in your system. It is important to be aware that this is allowable because of the concept of Implied Consent. When you initially obtained your driver's license, you consented for these tests to be taken. Failure to cooperate can result in the suspension of your driver’s license, and your refusal to take the test can be used against you.Who Can Arrest Me?
Any police officer on or off duty can arrest you. If the officer has Probable Cause to believe you have committed an offense, you can be arrested.Search and Seizure
When you are put under arrest, police have the legal right to search you and your vehicle without a warrant. If the police suspect that you may be in possession of any illegal substances, weapons or stolen goods, your car and your trunk can be searched without your consent. If you are stopped for any reason and there are stolen goods in plain sight, they can be confiscated by the police. If there are grounds to impound you car, it can be impounded and thoroughly searched, including all closed compartments.
Being arrested for a DUI or for drunk driving can be a confusing and humiliating experience. It is, however, important to take quick action and speak with an experienced New York Criminal Attorney from our team. Contact Stephen Bilkis & Associates, PLLC for advice and guidance. We can aggressively defend your rights and want to obtain the best result possible for the charges against you. When you come in, we can provide you with legal guidance, as well as a free consultation. Whether you are questioning Breathalyzer results, or have been charged with a Felony DWI, we can help. We have offices throughout New York for your convenience including locations in Nassau County and Suffolk County in Long Island and Westchester County. In New York City, we have locations in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. Call us today to schedule your free consultation at 1.800.NY.NY.LAW.