Arrested for DWI in New York (Why You Need an Attorney)
Getting pulled over makes your heart pound, no matter the reason. It is especially scary if you believe you may be under the influence. Getting arrested for DWI is very serious business and can ruin your life. You want to have the guidance of an experienced attorney if you are charged. In the meantime, here is what you need to know about getting pulled over under the influence.
Your First Move When Pulled Over for a DWI
Your priority should not be to get out of trouble at this point. Leave that to your DWI attorney. The police officer will pull you over; he will speak to you; he will find out you have been drinking. This is inevitable. Because the police officer will be observing you very closely, you should focus instead on ensuring the situation does not escalate. My suggestion is that you:
- pull over in a slow, methodical, reasonable manner; no sudden moves, nothing rash
- turn the vehicle off
- turn the lights on in the vehicle
- put your hands on the steering wheel
- wait for the officer to come to the car
- be polite and respectful
- avoid lying and being argumentative
- if you need to make any movements (like reaching into your glove box for your license and registration, or turning around to retrieve your bag that is in the back seat, etc.), ask permission before you do; explain what you are going to do and why
Probable Cause : Arrested for DWI
If you have been pulled over in New York State and you are subsequently charged with DWI, there are certain things that a qualified, seasoned DWI attorney will assess to ensure that your charge is legitimate and legal. One thing that an attorney will look at is probable cause. Probable cause is a term of art that means different things to different people. However, it is one of the main elements of an arrest.
For instance, if a police officer pulls somebody over, they must have probable cause to pull that person over. They cannot just pick a person because of the color of the car or the neighborhood that they were in. They must have a reason. This reason is called probable cause. A seasoned attorney will fight for you whether or not there had been probable cause in that particular instance. A simple example would be whether or not the car was pulled over in a legitimate manner. A hearing called an Ingle Hearing will follow. It is called “People versus Ingle,” and that is a hearing that an attorney would run to determine if law enforcement had legitimate probable cause to pull your vehicle over.
Why You Need an Attorney
Being charged or arrested for DWI or a DWAI in New York State is an extremely serious affair. This is because the repercussions are severe, and the law, unforgiving. It can affect an individual on several different fronts. First of all, you can lose your liberty. You can go to jail for a year (or several) if it is a felony and you have had priors, or 90 days if it is a violation. You could also lose your job. If your employment or your employer requires you to drive for your job, and you lose your license, you could ultimately lose your job. Additionally, there are some potential ramifications that could affect your ability to seek employment in the future.
Careers have withered and perished from the strain of DWI charges. Furthermore, you are facing exponential fines and fees as the process wears on. The case could cost several thousands of dollars; you might have to spend numerous weeks in counseling and trying to meet the rigorous requirements of the Department of Motor Vehicles. The only thing that can help you is a seasoned and dedicated attorney. Somebody who knows both sides. You are ideally looking for an attorney who has been both prosecutor and defendant.
If you have been charged with DWI in Buffalo, contact John Dudziak as soon as possible for guidance and advice pertaining to your best defense. It could make all the difference in your life. Be proactive and get ahead of this with an attorney that will fight for you.