New York Miranda Warning
If you have been arrested for a DWI in New York, it is extremely important that you were provided with a Miranda Warning at the time of your arrest. People often recognize the popular phrase “Anything you say can and will be used against you in a court of law.” Being charged with a DWI is a confusing and frightening experience, and has serious penalties that can include jail time, fines and probation. If you have been charged with a DWI, contact a skilled New York DWI Lawyer from our team for legal guidance.
When you are arrested for a DWI, it is imperative that you are read your Miranda Warning at the time of arrest. The police officer is allowed to ask you basic information before you are given your Miranda Warning however. This would include questions regarding your name, address and date of birth, for instance. However, once you are in police custody, you must be read this warning.
The typical Miranda Warning is “You have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have a right to an attorney, and to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed at no cost.”
You must have these rights read to you once you have been formally arrested. This is an important distinction, because if you said something prior to your rights being read, there is an argument that you were coerced. A New York Drunk Driving Defense Lawyer can tell you that in court any statements made prior to your Miranda Warning are inadmissible as evidence. This could ultimately result in a reduction or dismissal of charges.
Another important distinction with a Miranda Warning is that you must understand the rights that have been read to you. Some people because of lack or education, or a language barrier, may not understand the Miranda Warning as it has been read to them. It is the duty of the arresting police officer to ensure that you understand what has been read to you.
Being arrested for a DWI is a scary experience. It is important to give yourself every chance of a positive outcome. Contact a New York DWI Lawyer from the office of Stephen Bilkis & Associates, PLLC for guidance. Whether you have been arrested for an Aggravated DUI, or have been charged with a DWAI, we want to help you. When you come in, we can provide you with guidance and a free consultation. We have in New York City, serving Long Island, Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We also serve Westchester County, and Nassau County and Suffolk County on Long Island. Call us today for your free appointment at 800.696.9529.