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Arrest for DWI in New York

When you are arrested for Driving While Intoxicated (DWI) in New York, it can be a scary and confusing experience. You may feel overwhelmed and unsure of what will happen next. It is important to understand the legal process and your rights during a DWI arrest in New York. Driving while intoxicated is a serious offense in New York that can result in severe penalties. If you are arrested for DWI, DWAI, underage DWI, or any other driving while intoxicated charge in New York, it is important to understand your rights and the legal process that follows. Contact an experienced New York DWI lawyer at Stephen Bilkis & Associates for legal guidance and advice. With over twenty years of experience representing clients charged with DWI and related offenses, we have the knowledge and skill to help ensure that your legal rights are protected.

Probable Cause for Arrest

In order for a police officer to make a DWI arrest in New York, there must be probable cause. This means that the officer must have a reasonable belief, based on specific facts and circumstances, that you were operating a vehicle while intoxicated. Probable cause can be established through observations of your behavior, such as slurred speech or the odor of alcohol on your breath, or through the results of a field sobriety test or a blood alcohol concentration (BAC) test.

It is important to note that you do not have to be driving a car to be arrested for DWI in New York. You can be arrested if you are sitting in a parked car with the keys in the ignition. You can also be arrested if you are found to be operating a boat, snowmobile, or any other motorized vehicle while under the influence. To learn more about probable cause, contact a skilled New York DWI lawyer.

Rights You Have When Arrested

When you are arrested for DWI in New York, you have certain rights that are protected under the law. These include:

  • The right to remain silent - You have the right to refuse to answer any questions the police may ask you, and anything you say can be used against you in court.
  • The right to an attorney - You have the right to speak with an attorney before answering any questions, and you have the right to have an attorney present during questioning.
  • The right to refuse testing – While you have the right to refuse to take a field sobriety test or a BAC test, although there may be consequences for doing so.

It is important to exercise these rights when arrested for DWI in New York to protect yourself and ensure that you receive fair treatment under the law. It’s important to contact an experienced DWI attorney in New York to help defend against any DWI charges brought against you.

What Happens After Arrest

After you are arrested for DWI in New York, you will be taken to the police station or a nearby hospital for processing. At this point, the police will take your fingerprints, photograph, and other identifying information. You will also be asked to submit to a BAC test, which can be a breath test, blood test, or urine test.

If you refuse to take the test, or if your BAC is over the legal limit of 0.08%, your driver's license will be immediately suspended. You will be given a notice of license suspension and a temporary license, which is valid for 30 days. During this time, you can request a hearing to challenge the suspension.

If you took the test and your BAC was over the legal limit, you will also be issued a notice of suspension and a temporary license. You can request a hearing to challenge the suspension, but you must do so within 15 days of receiving the notice.

Notable Case about New York DWI Arrest

People v. Shirley, 209 A.D.3d 1272, 175 N.Y.S.3d 804 (N.Y. App. Div. 2022) addresses the issue of probable cause for a traffic stop. In this case, the defendant was pulled over by police for failing to signal a turn. The officer then observed the defendant exhibiting signs of intoxication, including slurred speech, smelling of alcohol, and bloodshot eyes. After administering field sobriety tests, the officer arrested the defendant for DWI.

The defendant challenged the arrest, arguing that the initial traffic stop lacked probable cause. The defendant argued that failing to signal a turn was not a sufficient basis for the stop. The court disagreed, holding that the officer had reasonable suspicion to believe that the defendant had violated New York's Vehicle and Traffic Law by failing to signal a turn, and that this provided probable cause for the stop.

This case highlights the importance of the initial traffic stop in a DWI arrest. Even a seemingly minor traffic violation can provide probable cause for a stop that leads to a DWI arrest. It also underscores the fact that officers must have reasonable suspicion or probable cause to make a traffic stop, and that challenges to the legality of a traffic stop can be an effective defense in a DWI case.

Contact Stephen Bilkis & Associates

Being arrested for DWI in New York is a serious matter that requires the assistance of experienced legal professionals. The probable cause for arrest in a DWI case is typically based on a combination of factors, including the driver's behavior, the results of field sobriety tests, and chemical tests of blood, breath, or urine. It is important to remember that you have legal rights when arrested, such as the right to remain silent and the right to an attorney. After a DWI arrest in New York, the legal process can be complex and challenging to navigate. It is essential to work with an DWI attorney serving New York who understands the nuances of DWI law in New York and can help you build a strong defense. Contact Stephen Bilkis & Associates at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, Westchester County, and Suffolk County.