Staten Island DUI Lawyer
Being arrested for a DUI or a DWI can be a very confusing and frightening experience. You find yourself being arrested, and are expected to know what to do in a very scary situation. Suddenly, you are plunged into a world of legal terminology and court appearances, which seem overwhelming. It is important to your case to obtain a qualified New York DWI Lawyer team as soon as possible after your arrest. Your experienced lawyer from Stephen Bilkis & Associates, PLLC can explain the legal proceedings ahead, and ensure that your rights are aggressively protected at every stage of the process.The Arrest
If you have been pulled over by police on suspicion of drunk driving, a DUI or a DWAI, there are several things that are going to happen, and questions you could be asked. The best rule of thumb is to say as little as possible. Any information you give can be used against you in court. You should always be polite, and give them your identifications. Keep your responses to a minimum, give them your name, and address for instance.What are my Rights?
When you are arrested, you should be given a Miranda warning. This must be read to you before the police are allowed to question you in any way. Your Miranda Rights state:
You have the right to remain silent;
Anything you say can be used against you in court;
You have the right to an attorney with you during questioning;
If you cannot afford a lawyer one will be provided to you.
After you have been read your rights, you have to clearly give up your rights in order for a police officer to question you. This applies only if you are formally arrested. If you have been detained, the police do not have to read you your rights. In this case, remember that anything you say can be used to your detriment in court.After I Have Been Read my Rights, can I Be Questioned?
If you have waived your rights, you can be questioned by police. It is very important however, to say as little as possible until you have a dedicated Staten Island DUI Lawyer with you.
The police are able to collect physical evidence from you. This can come in the form of a Breathalyzer test, or in a blood or urine test. When you initially received your license, you agreed to these tests because of a concept called Implied Consent. If you refuse to take these tests, your license can be suspended, and your refusal can be used against you.Search and Seizure
When you are arrested, the police can search your vehicle without a warrant. If they have reason to believe that you are in possession of stolen goods, drugs or other illegal substances, or weapons, they are within their power to search your vehicle without a warrant. If there is something that is deemed illegal and in plain sight, even if you are stopped for a minor traffic infraction, the item may be seized. If the situation warrants it, the police may impound your car and search the entire vehicle including any closed compartments.
Anyone would agree that being arrested for a DUI or DWAI can be an unpleasant experience. It is important to speak with a Staten Island DUI Lawyer as soon as you can, as the penalties you face can be substantial including jail time, loss of your license, fines and probation. Speak with an experienced New York Drunk Driving Lawyer from Stephen Bilkis & Associates, PLLC for advice and guidance. With your first appointment we can provide you with legal guidance and a free consultation. Call us whether you have been charged with an Aggravated DWI, or have been charged with a Felony DWI. We can serve you throughout New York City including not only Staten Island, but also Manhattan, Queens, the Bronx, and Brooklyn. We also serve in Westchester County, as well as Nassau County and Suffolk County on Long Island. Call us today for an appointment at 1.800.NY.NY.LAW.