Facing a DWI arrest in New York can be a frightening and overwhelming experience. If you have recently been charged with driving while intoxicated, you may feel anxious about what comes next and unsure of how to protect your rights. At Arthur L. Pressman, Attorney at Law, we understand the fear and confusion you might be feeling, and we are here to guide you through this challenging time with compassion and clarity.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Understanding the Seriousness of a DWI Arrest
A DWI arrest carries serious consequences that can impact your life in many ways. You may face fines, the suspension or revocation of your driver’s license, increased insurance rates, and even the possibility of jail time. The stakes are high, which is why it is crucial to act quickly and make informed decisions. The decisions you make immediately after your arrest can significantly influence the outcome of your case.
Stay Calm and Comply with Law Enforcement
During your arrest, it is essential to remain calm and cooperate with the police officers. While you may feel frustrated or scared, resisting arrest or acting aggressively can worsen the situation. Provide basic information such as your name and address, but you are not required to answer questions about your activities or admit to any wrongdoing. It is important to remember your right to remain silent. You are under no obligation to provide a detailed account without legal representation present.
Do Not Make Assumptions About Field Sobriety or Breath Tests
If you were subjected to field sobriety tests or a breathalyzer during your arrest, you may be worried about how these tests will be used against you. While these tests are commonly relied upon, they are not always accurate. Factors such as medical conditions, fatigue, or even poor weather conditions can lead to false or misleading results. A skilled attorney can scrutinize the procedures and results to identify potential errors that may work in your favor.
I was advised by a mutual acquaintance to contact Mr. Pressman following my DWI that I received on December 28, 2015. This was the best advice that I could have been given. He was available immediately to speak with. I was put at ease after speaking with him. It was my first DWI and I had no idea what to expect. It was an isolated case of making a very foolish decision to drive. I had so much anxiety and fear of the unknown. Throughout my whole case Mr. Pressman was very reassuring and kept a positive attitude about what my outcome was going to be. He was available several times when I had random questions and never made me feel like an inconvenience. He was right! My case ended up being reduced to a violation from a misdemeanor and now I can finally begin to have my life back to normal. It was a hard lesson to learn but with the right attorney by your side the transition will be easier. Anita D.
Contact an Attorney Immediately After Your Release
One of the most important steps you can take after a DWI arrest is to seek legal counsel as soon as possible. Time is critical because evidence needs to be preserved, and you need someone to start building a strong defense on your behalf. Reaching out to a legal professional ensures that you understand your rights and that those rights are protected throughout the process. Delaying this step can make your case more challenging to defend.
Document Everything You Remember About Your Arrest
After you have been released, take some time to write down everything you can remember about your arrest. Include details such as where you were stopped, what the officers said to you, and how they conducted the tests. These details can help your attorney evaluate your case and determine whether any violations occurred during your arrest. Even small details can be critical in challenging the evidence presented against you.
Understand the Potential Penalties You May Face
In New York, the penalties for a DWI conviction vary depending on the circumstances of your arrest and whether you have prior convictions. A first offense may result in fines, license suspension, and possible jail time, while repeat offenses can lead to harsher consequences. Your attorney will explain the specific penalties you may face and work to minimize their impact on your life.
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Begin Preparing Your Defense with Confidence
An effective defense strategy is essential for achieving a positive outcome in your case. A knowledgeable attorney can evaluate the evidence, challenge the legality of the stop or arrest, and question the reliability of the tests used. Building a strong defense requires careful analysis and a deep understanding of the legal process. With proper representation, you can face your case with greater confidence.
Avoid Common Mistakes After a DWI Arrest
It is natural to feel uncertain about what to do next, but some common mistakes can make your situation worse. Do not ignore your court date or assume that the charges will go away on their own. Do not discuss your case with anyone other than your attorney, as anything you say could be used against you. Most importantly, do not wait too long to seek legal representation. Time is of the essence in a DWI case.
The Importance of Challenging the Evidence Against You
Many people assume that if they failed a breath test or a field sobriety test, their case is hopeless. However, this is far from the truth. The evidence collected during a DWI arrest is not always as reliable as it seems. Breathalyzer devices can produce inaccurate results if they are not properly calibrated or maintained. Field sobriety tests are often subjective, and factors like poor lighting, uneven pavement, or medical conditions can affect performance. Challenging the accuracy and reliability of this evidence is a key part of a strong DWI defense. With a dedicated attorney, you can present a compelling argument that casts doubt on the evidence against you.
Case Results
Why Your Rights Must Be Protected From the Start
From the moment you are stopped by law enforcement, your rights are in play. If officers violate your rights during a traffic stop or arrest, it could significantly impact your case. For example, if you were stopped without reasonable suspicion or arrested without probable cause, any evidence collected afterward may be inadmissible in court. Your attorney will carefully review every aspect of your case to identify potential violations. This review process can lead to motions to suppress evidence, which may weaken the prosecution’s case and lead to reduced charges or even dismissal. Knowing your rights and having an advocate to protect them is vital from the very beginning.
How a Strong Defense Strategy Can Lead to Better Outcomes
A DWI charge does not automatically mean you will be convicted. With the right defense strategy, you have options. Your attorney may negotiate for reduced charges, alternative sentencing, or participation in a treatment program instead of jail time. In some cases, it may be possible to have the charges dismissed altogether. The strategy for your defense will depend on the unique details of your case, including the actions of law enforcement, the reliability of evidence, and your personal history. The earlier you involve an attorney, the more time they will have to develop a strategy tailored to your situation. Every step taken from the moment of your arrest plays a role in shaping the possible outcome.
Focus on Moving Forward with Support and Guidance
A DWI arrest is a serious matter, but it does not have to define your future. With the right legal support, you can take control of your situation and work toward a resolution that protects your rights and minimizes the impact on your life. Whether it is your first offense or you have faced similar charges in the past, legal representation can make all the difference in achieving a favorable outcome.
If you have been arrested for DWI in New York, you do not have to face this alone. Arthur L. Pressman, Attorney at Law, has the experience and dedication to guide you through the legal process and fight for your best interests. Contact our firm today to learn how we can help you achieve the best possible result for your case.