What Happens After the Arrest?
Our DWI Lawyers Can Guide You Every Step of the Way
Everything in the DWI timeline would be very important from the perspective of the attorney. The police would have to follow many procedures, and if they made any mistakes, a good attorney will be able to attack that and use that to their client’s benefit.
What Happens When You Are Pulled over by the Police
According to the timeline, when you are pulled over, the officer will generally ask for your license and registration, which you should have ready by the time the officer comes to you so that you can just hand it to them without having to engage in a lot of conversation.
When the officer does speak to you, one of the most important interactions will be when they ask whether or not you were drinking, which you should certainly not admit to.
If the officer smells alcohol or you admit to drinking, then they will pull you out of the car and either give you a portable breath test, give you a field sobriety test there on the scene, or they could just take you to the precinct and make an IDTU video where they would then videotape giving you the field sobriety tests as well as taking the Intoxilyzer.
Dealing with Bail & the Court Case
After that, you will go see the judge so that the issue of bail can be determined, and then your case will be adjourned for about a month. The attorney then needs to file motions, litigate issues, and file for discovery. These cases can sometimes be resolved at the arraignment; although, they can sometimes be resolved at the first appearance.
More complicated cases can take up to six to eight months or even a year in situations where the prosecutor and the judge do not want to give a fair deal but your lawyer feels there is room for argument. These cases can also go on for as long as a year and a half or even two years.
Hiring an Attorney Can Significantly Affect the Outcome of Your Case
We recently handled a case involving a client with a CDL who came in with his fourth DWI arrest in Kings County, Brooklyn. He was accused of slamming into the back of a New York City off-duty police officer’s vehicle, and then slamming into three parked cars as he drove away.
He was charged with misdemeanor DWI charges, leaving the scene of an accident, reckless driving, and a litany of other charges. It looked like a harsher case because his reading was a 0.17, so he was over double the legal limit, especially with potentially injuring a New York City police officer.
While handling the case, we noticed a small detail. We saw that the prosecutor had served a certificate of readiness on the legal aid attorney as opposed to our law firm after we had entered a notice of appearance. We looked into it further and filed a motion for dismissal.
We argued the case and were able to get all of that gentleman’s misdemeanor counts dismissed on motion, so he ended up getting a violation just like a first offender after he was arrested and convicted of three prior DWI cases. He could not believe what our DWI lawyers were able to do for him.
This is just one of the reasons why it is so important to look through every piece of paper in the file and for us to really know the law very well.
Call our DWI lawyers today at (646) 663-4430 or contact us online to schedule a free consultation.
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