What Happens After You Are Accused of DWI In New York?
Being accused of driving while impaired or DWAI in New York can have significant consequences and you need to understand the steps you should take to protect your interests immediately after an officer accuses you of breaking the law. You need to be aware of your rights so that you can take appropriate action if you are accused of driving under the influence, driving while impaired, drunk driving or intoxicated driving.
Kinds of Alcohol and Driving Charges in NY
There are several different types of intoxicated driving offenses in New York and violations that you could be charged with. DWI and DUI refer to the same thing, but DWAI refers to driving while ability impaired by alcohol and a DWAI drugs charge has to do with intoxicated driving under the influence of drugs. Regardless of whether you’re facing a Syracuse
The majority of intoxicated driving charges will lead to a mandatory license suspension that can range from 90 days to permanent suspension.
Administrative and Legal Actions After a Drunk Driving Charge in NY
One of the first things that occurs following a DWI arrest in Syracuse is your arraignment. This usually occurs typically 24 hours after you have been arrested and it’s worth having a criminal defense attorney with you during this time.
With strong connections to the community and no prior record, you may be eligible to get released without bail. In order to protect your right to operate a vehicle in New York you will need to attend this revocation hearing and this needs to be scheduled within a 60-day period.
In some situations, the police could also try to collect your car by alleging that it was used in the commission of a crime. This is known as forfeiture proceeding. You need to consult with your criminal defense attorney to understand how to avoid this happening. Your next stage is a pre-trail conference during which your lawyer will discuss the situation and charges with the district attorney and determine the most appropriate plea bargain.
This usually happens one month after arraignment. A portion of or all of the evidence that was used against you could be suppressed if your legal rights were violated and your lawyer will be responsible for filing motions to suppress evidence that was improperly gathered. It can take up to 3 months beyond the free trial conference for this to be scheduled.
Your trial in New York will be the next stage and it will be held within 3 months after a plea of not guilty excluding certain adjournments like motion practice. Finally, after any plea bargain is approved, a plea entered, or after a conviction at trial, the sentencing will occur. Possible consequences may include public service fines, alcohol classes and jail time.
Consulting with an experienced Syracuse DWI attorney is your best way to protect yourself. You should know where you stand and what you can do to increase your chance of success, so schedule a meeting immediately with a lawyer who cares. You deserve to have someone in your corner after a DWAI or DWI charge in New York.