Steps to Take After You are Charged with a DWI / DUI in the Hudson Valley, New York
Arrested in New York for a DWI?
I have handled hundreds of DWI cases in New York both as a prosecutor and a defense attorney. Over time the District Attorney's Office has become increasingly punitive towards those arrested for DWI. In fact, The Department of Motor Vehicles has also increased penalties for those convicted of DWI cases.
I have met many clients over the years who have been arrested for DWI and related cases. Some sadly have serious alcohol addictions but the vast majority are highly functional people with no criminal record who simply made a very poor choice and placed themself behind the wheel of a car and drove.
It is unfortunate to encounter otherwise responsible parents who have made the decision to drive after consuming alcohol while their children are in the vehicle, resulting in felony DWI charges. People with no history of arrest who are experiencing stress, such as from divorce or a job change sometimes drive after a few drinks.
DWI arrests can be felonies, misdemeanors or violations. Each category carries various penalties including jail, probation, fines, treatment and suspension of driving privileges.
Unfortunately, these convictions cannot be removed from a criminal record. They cannot be sealed. A student awaiting results from applying to medical school, a father of four working to get a promotion, a young woman applying to become a police officer, a parent going thru a divorce and attempting to get custody of his children in Family Court, all will be adversely affected from a DWI arrest. I see wonderful people not being allowed to drive and hence cannot drive their kids to sporting events or to school. People lose jobs and are rejected from being hired. There are also immigration consequences.
You may have your own version of what I described above. I am here to discuss your situation with you. Just give me a call on my cell phone at (845) 999-9394. (845)999-9DWI.
How Lisa's Team will help you.
The Law Office of Lisa Pelosi has a team of experienced lawyers that will help you navigate your DWI arrest. I am your main contact and will answer all your questions and concerns directly. I will negotiate with the District Attorney's Office. The goal is always to get the case dismissed. In practice, we strive to minimize your charges and aim for a resolution that results in no criminal record for you. If you face felony charges, we aim to prevent conviction and jail time. While we can't promise miracles, our team works hard to achieve the best possible results for you.
Any alcohol or drug driving charges (DUI, DWI) can result in license suspension, fines, jail time, probation, problems with employment and higher insurance premiums. Drunk driving and driving under the influence charges are nothing to take lightly. Here are steps that you or a family member should take immediately after being arrested for a DUI, DWI offense -
Once arrested you will appear before a judge for your arraignment. It is at the arraignment where you will receive a copy of the charges against you. The fight to defend you begins with receiving a copy of the complaint and then all the discovery (paperwork) in your case.
An experienced DWI-Criminal Defense Attorney will understand how to read the paperwork.
Your experienced DWI-Criminal Defense Attorney will help arrange classes, programs, and treatment, and review all the case documents with you. Your DWI-Criminal Defense lawyer will guide you in deciding if you will accept a plea deal or go to trial.
Contact a Criminal Defense, DWI Hudson Valley Attorney Immediately
It is a very frightening experience to see sirens flashing behind you. Once you are pulled over by an officer or trooper for suspicion of DWI / DUI your odyssey with the court system begins.
Cooperate Without Giving Up Your Right To Remain Silent
You want to cooperate with the Officer or Trooper without giving up your constitutional rights. Do not make any admissions as to drinking alcohol, smoking marijuana or taking illegal controlled substances. In my opinion, take the tests when they ask and be respectful but remain silent.
REMEMBER, it is your right to remain silent.
Do Not Give Up Hope for A Good Outcome
An experienced DWI-Criminal Defense Attorney will review the documents and analyze if the breathalyzer test was faulty. Perhaps there was no probable cause for the Officer or Trooper to stop you. Numerous factors can affect a sobriety test from your anxiety to a health condition. Your criminal defense attorney will help build the case for your defense, reduce a possible jail sentence, work to allow you to participate in an alternative to incarceration program or probation.
Even if you plead guilty and are convicted of a DWI your attorney can help you complete necessary steps sooner, so that you can get your license back and get back to your normal life.
Get a Ride Home
While some counties will allow you to be released from jail immediately after you've been charged so long as someone picks you up and pays your bail others will require you to stay in jail overnight. Whichever circumstance you find yourself in, the best step to take is to find yourself a ride home. Do not drive with a suspended license.
Prioritize Your Court Date
Before you leave the jail, you'll be given a notice that includes the date you are to appear in court, make certain you record the date and time of your court appearance on your calendar. If you miss your court date, the Judge will issue a warrant for your arrest.
Prepare for Your Court Appearance
You'll need to look your best and bring along any paperwork requested from you. Your DWI criminal defense attorney will assist you with what is required of you.
Lisa Pelosi, a former Prosecutor has over 30 years' experience with DWI/DUI and criminal defense cases. She has handled hundreds of these cases as well as Vehicular Homicides and Leaving the Scene of an Accident. She and her team are available 24/7. They have experience handling drunk driving and driving under the influence charges in New York including Dutchess, Putnam, Columbia, Orange, Rockland, Ulster and Westchester counties We will come to you. Call for a free consultation. Se Habla Español.
