New York City DUI Lawyer
A New York City DUI Lawyer can tell you that dealing with an arrest can be a very scary experience. If you have been arrested for a DUI or DWAI charge, it is important to be aware of your rights regarding the legal process ahead. Being prepared and speaking with a dedicated New York Criminal Lawyer from our team at Stephen Bilkis & Associates, PLLC can help protect you and potentially lessen the impact of the charges against you.What Should I Expect if I am Arrested?
If you are arrested or detained by police, it is important to know that you are not required to answer any questions. You can provide your basic information such as name, address, and provide them proof of identification.What Are My Rights During an Arrest?
If you are arrested for a DUI, the police must read you your Miranda warning before you can legally be questioned. Your Miranda Rights are:
You have the right to remain silent;
Anything you say can be used against you in a court of law;
You have a right to have your lawyer present during questioning;
If you are unable to afford a lawyer, one will be provided to you.
After you have received your Miranda warning, you must verbally agree to give up these rights before an officer is allowed to question you. Miranda rights only apply if you have been arrested. If you have been detained, but not formally arrested, the police is under no obligation to read you this warning. In this instance, remember that anything you say can still be used against you.After the Miranda Warning, Can I be Questioned?
You have to waive your rights, and have a clear understanding of what you are actually giving up, before police can question you. It is always a good idea to say nothing until you have a qualified New York Drunk Driving Lawyer from Stephen Bilkis & Associates, PLLC present.
The police have the right to obtain physical evidence from you. This may come in the form of a blood, urine or Breathalyzer test. When you initially obtained your drivers license, you agreed to take these tests if required, which is known as Implied Consent. If you refuse to take these tests, you can have your license suspended, and your refusal can be used against you in court.
Once you have been arrested, you will probably be booked, photographed and fingerprinted. You should have the opportunity to make a phone call.Who Can Arrest You
Any on or off duty officer can arrest you if the officer has Probable Cause or reason to believe that you have committed some type of offense.Search and Seizure
When you are arrested, the police have the right to search you without a warrant. If the officer has reason to believe that you may be in possession of stolen goods, illegal substances, or weapons, your car can be searched. If you are pulled over for a traffic infraction and there is something illegal in plain sight, the officer can confiscate the item. If the situation warrants, police can impound your car and search the entire vehicle including all closed compartments.
Being arrested for a DUI is an upsetting experience. It is important to speak with a New York City DUI Lawyer as soon as possible. The process of being arrested can be a legally complicated process. Your lawyer can analyze each step of this process to ensure it was done according to the law and that your rights were not infringed upon. Speak with an experienced New York DWAI Lawyer from Stephen Bilkis & Associates, PLLC. We can provide you with legal advice and a free consultation. Whether you have been arrested for a Felony DWI, or have been arrested for an Aggravated DWI, we want to help. We have office locations throughout New York City such as Manhattan, Brooklyn, the Bronx, Queens and Staten Island. We also have locations in Long Island in both Nassau County and Suffolk County, as well as Westchester County. Call us today to make an appointment at 1.800.NY.NY.LAW.