DWI Arrest In New York City

Call: 917-519-8417

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dwi arrest lawyerIf you’re arrested for DWI in New York City, the process typically follows several steps. Here’s a general overview:

Initial Traffic Stop

  • Officer’s Observation: A police officer may stop your vehicle for reasons such as erratic driving, speeding, or other signs of impairment.
  • Field Sobriety Tests: If the officer suspects impairment, they may ask you to perform field sobriety tests (e.g., walking a straight line, standing on one leg, or following an object with your eyes). You are not legally required to perform these tests.

Breathalyzer Test

  • If the officer believes you may be intoxicated, they may ask you to take a breathalyzer test to measure your blood alcohol content (BAC).
  • Implied Consent Law: By driving in New York, you have given “implied consent” to submit to a chemical test if asked by an officer. Refusal to take the test can result in penalties, including automatic suspension of your driver’s license.

Arrest and Detainment

  • If Arrested: If your BAC is over the legal limit of 0.08% or the officer believes you’re impaired, you may be arrested. You will be handcuffed and taken to jail.
  • Chemical Test at Precinct: At the police station, you will be asked to submit to a more accurate chemical test.

Booking and Processing

  • Personal Information: Your personal information will be recorded, and you will be fingerprinted.
  • Holding Cell: You may be held in a holding cell while awaiting your arraignment or release.
  • Bail: Depending on the circumstances, such as previous DWI offenses or other factors, you may be eligible for bail.

Arraignment

  • Appearance in Court: You will appear before a judge for arraignment, where formal charges will be read against you. The judge will set bail and schedule your next court date.
  • Legal Representation: You have the right to legal representation. It’s highly advisable to have a NYC DWI lawyer with experience in DWI cases, especially in New York City, where DWI laws are strictly enforced.

License Suspension

  • If your BAC is above the legal limit, your license will be  suspended, typically for 6 months or more.

A DWI arrest is serious, and the penalties in New York can be severe, so it’s crucial to understand your rights and seek professional legal advice. Call the Law Offices of Michael S. Disciarro 917-519-8417

Manhattan DWI Lawyer Testimonials

  • Stacey R.

    THANK YOU!

    Over a year ago I decided to drive home after a night of drinking and that bad decision changed many things in my life after I was stopped and arrested. I did some research online and found Michael Discioarro. He was very upfront about the penalties and punishment I could expect. It was a long drawn out process but Michael encouraged me to hang in there when I wanted to just accept a offer to get it over with. In the end he was able to negotiate the charges to be dismissed. I hope I never find myself in the position to need his services again but I wouldn't hesitate to recommend him to anyone who does. Thank You.

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  • Gordon M.

    Great Job

    In November I made a decision that could of ruined my life. I decided to jump behind the wheel after having a few drinks, I was stop and arrested for DWI. I had no experience in retaining a lawyer so I cross my fingers and found Michael Disioarro on the web. Although the process was agonizing at times, Mr Discioarro encouage me to be patience and more importantly fight for my rights. I am glad to say yesterday my case was closed with a simple violation and small fine. Mr Disciarro leadership, knowledge & confidence made me a believer and I would recommend his services to anyone caught in my position.

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  • Anonymous

    Great DWI Defense Attorney

    Mike did a great job for me. I was charged with a misdemeanor DWI. He was able to get the charge knocked down to a traffic violation. He went above and beyond to get me this result. He is very knowledgeable about the process and felt he always had my best interest at heart at all times. I would highly recommend him to anyone facing a similar situation.

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  • S.C.

    GREATEST LAWYER EVER!!!!!!!!!

    Mike is a great lawyer and a good guy. He help get my case lowered to lesser charge and my license reinstated. Whenever I had a question I could call him or text him and got a fast response. He always told me don't worry even though I did and he was correct because he fixed everything smoothly. I would work with him again (hopefully nothing like happens to me in my life lol) but I will recommend his services to any friends of mines with great confidence that he will get things resolved in the best way possible.

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  • Richard B.

    Magic Mike

    A consummate professional from start to finish. Mike took an uncomfortable, unfortunate situation, and got my life back on track. Mike worked his magic, fought vigorously in the courtroom against some unjust railroading. He was able to get all charges down to a mere traffic violation. Mike is a genuine good guy , who believed in me and my case, and cared about the outcome. He answered all questions, as well as calmed all fears. I was not afraid to go into the courtroom with Mike at my side. Wish we met under different circumstances , I was lucky to have Mike as my lawyer.

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