Do You Know What To Expect When Arrested For A DWI?
Experienced DWI Attorneys Will Keep You Informed Throughout The Legal Process
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After getting arrested for a Brooklyn, NY DWI - or a DWI in New York County or NYC’s other boroughs - there are several steps you will likely go through in order to defend yourself.
Understanding these steps and what occurs during each of these stages of the legal process is important. After all, the more comfortable you are with the steps and the better prepared you are for what will take place during each step, the less anxiety you will experience and the better you will be able to successfully work with your attorney to defend your case.
Whether in Manhattan, NYC or Long Island, NY, DWI attorneys will discuss each of these steps with you beforehand in order to help you become properly prepared for the case.
These steps include:
- Arraignment
- Motor Vehicle Hearing
- Forfeiture Proceeding
- Pre-Trial Conference
- Suppression Hearing
- Trial
- Sentencing
- Appeal
The arraignment, which is set up in order to advise you of your rights, generally occurs about 24 hours after your DWI arrest. Outside of NYC, you may receive a summons, requiring you to return to court sometime within the next 30 days. It is in your best interest to select an attorney before you return. If you do not have a prior record, it is possible to be released without bail. You should not enter a guilty plea at your arraignment. Rather, you should discuss your case with your DWI attorney first.
If you refused a breath test, you will need to attend a refusal hearing at the DMV in order to preserve your driving rights. This hearing is usually scheduled within 15 days of your arrest. If your license was valid when you were stopped, you may be able to receive a conditional license that will allow you to drive for purposes related to your education, work or health. This license is available 30 days after your arrest if you did not refuse to take the test. You must also have your lawyer handle the forfeiture proceeding if the police kept your car after your arrest and you want to get it back.
At the pre-trial conference, your DWI attorneys will meet with the Prosecuting Attorney to negotiate a plea bargain. If you choose not to accept the plea, the suppression hearing will be held next. Here, your attorney will attempt to get certain evidence against you suppressed because it violated your constitutional rights.
The trial will follow this hearing and, if you are convicted of a DWI, you will then be sentenced. You have the right to appeal the sentence if you feel there were legal errors in your case that lead to your conviction. If convicted, you and your attorney may appeal the ruling if you desire.
Sound complicated? It’s not if you hire an experienced DWI attorney to defend your case. To help ensure the best possible defense, hire a DWI attorney with real experience – and be sure to hire them soon after your arrest.
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