If A New York Police Officer Fails To Read The Miranda Warnings Does This Void Your DWI Arrest?

When a police officer first encounters a motorist and suspects that they are under the influence of alcohol or drugs, the police may question the motorist while conducting their initial investigation. The police may be able to lawfully gather information from you at this early stage of their encounter with you and not have to have given to you your Miranda Warnings.
Once the police officer has the motorist in custody or under arrest they do not have to inform the person of their Miranda rights UNLESS they intend to interrogate or question the person. Therefore, if there is no request by the police to take a statement from the motorist, then there is no requirement for the police to read to you your Miranda rights and your arrest is not invalid because of the police officer’s failure to read you these warnings.
However, when the police question a motorist while in custody the law requires that the police clearly advise you of your Miranda rights. If the police officer does not give the Miranda rights as prescribed by law then any statements given by the suspect to the police can be suppressed (not permitted to be used against the person) by the judge at a trial.
There is a very subtle legal analysis that our attorneys go through in defending each and every case to determine the best and most creative way to defend our client’s cases. If there are statements that were given by you to the police that may be detrimental to your case, we will make every legal effort to get those statements suppressed.
The following are your Miranda Warnings:
1. You have the right to remain silent and refuse to answer questions. Do you understand?
2. Anything you do say may be used against you in a court of law. Do you understand?
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

These warnings should be told to you prior to the police questioning you, if you are already in custody.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of what you’re facing. We will provide experienced and personal attention to you and your case.

Can I Still Win My Case If I Refused The Breath Test?

Under certain circumstances an experienced DWI attorney can get your refusal to submit to a breath test excluded from evidence against you in court.

There are several grounds that an attorney may bring up in court on your behalf to get this done.

For instance if the refusal to submit to the breath test took place after the police either illegally stopped your vehicle or illegally arrested you, the judge can throw out the refusal as evidence in your case.

These issues and all of the other surrounding circumstances of your case are important to review with an experienced and dedicated attorney. We provide the experience, dedication and caring to properly and comfortably manage your case.

If you have been arrested for DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of what you’re facing

In New York Are Underage Offenders Convicted of DWI Or DUI Elgible For A Conditional License

In New York a conditional drivers license allows a person to drive to and from certain places, such as to and from and during work or school, while that person’s drivers license is suspended or revoked as a result of a DWI or DUI conviction. To be eligible for the conditional license the motorist must comply with certain conditions including participation in the Drinking Driver Program (DDP).

Generally speaking an underage person that is either convicted of a DWI or adjudicated a youthful offender would be eligible to participate in the DDP and be eligible for a conditional license.

If you or a family member is facing this type of charge, I would highly recommend you find a qualified attorney to assist….as soon as possible. And we would like to offer our services – beginning with a free consultation by calling 1 800 879 6410.

Sobriety Checkpoints in New York Can Be Fought

The police employ sobriety checkpoints to screen and arrest drivers that they determine are driving under the influence of alcohol and or drugs.
You may believe that if you have been charged with driving while intoxicated (DWI/DUI) based upon a sobriety checkpoint stop that you would have no defense.
That could not be further from the truth.
The law sets forth a very specific set of guidelines and rules that the police have to follow when employing a checkpoint. If these rules and procedures are not followed then you may be able to get your charges dismissed.

If you or a family member are facing Driving While Intoxicated (DWI / DUI / DUAI) charges based upon a stop at a sobriety checkpoint and need assistance with a DUI arrest in New York, I would highly recommend you find a qualified attorney to assist….as soon as possible. And we would like to offer our services – beginning with a free consultation by calling 1 800 879 6410.

Refusal Hearings Issues In New York State – DMV

In New York most drivers that encounter the police within the context of driving while intoxicated are asked to take a breath test. Sometimes the police have you perform a breath test in the street. If you refuse that “street” breath test you should not be deemed to have refused because that is not the “official” breath test. The official test is administered at the police station. If you refuse to take the test at the police station the police will report to the court, the prosecutor and the DMV that you “refused” to take the test. As a result of that refusal your drivers licensed will be suspended. You are then entitled to a hearing at the Department of Motor Vehicles (DMV) within 15 days of your arraignment to determine if you “lawfully” refused and whether your suspension should be lifted or imposed. If you waive or fail to appear at this DMV hearing your suspension by the DMV will be imposed. However, you have a right to appear at this hearing, with an attorney of your choosing to defend yourself and to fight this non-court suspension.

The hearing shall be limited to the following issues:

(1) Did the police officer have reasonable grounds to believe that you had been driving while intoxicated;

(2) Did the police officer make a lawful arrest;

(3) Were you given sufficient warning, in clear or unequivocal language, prior to your refusal that the refusal to submit to the breath test would result in the immediate suspension and subsequent revocation of your license or operating privilege whether or not you are found guilty of the charge for which the arrest was made; and

(4) Did you actually refuse to submit to the breath test.

If you or a family member are facing Driving While Intoxicated (DWI / DUI / DUAI) charges and or is facing a DMV Refusal Hearing and need assistance with a DUI arrest in New York, I would highly recommend you find a qualified attorney to assist….as soon as possible. And we would like to offer our services – beginning with a free consultation by calling 1 800 879 6410.

Do You Have To Take The Field Sobriety Tests in New York?

There is no rule saying you have to submit to field sobriety tests in New York, but if you do not take the test, you may be placed under arrest and taken to jail. However, failure to perform the field sobriety tests may work to your advantage. With out a negative result on the field sobriety test, the police will not be able to testify as to your performance on the tests. On the other hand your refusal to perform the field sobriety tests may be viewed negatively by a judge or jury at a trial.

If you or a family member are facing Driving While Intoxicated (DWI / DUI, DUAI) charges and need assistance with a DUI arrest in New York, I would highly recommend you find a qualified attorney to assist….as soon as possible. And we would like to offer our services – beginning with a free consultation by calling 1 800 879 6410.

New York State Drunk Driver Program (DDP) Phases

There are three phases to the New York State Drunk Driver Program (DDP):

1. The Classroom Education Phase, which lasts for seven weeks. These are 2 to 3 hours per class for a total number of 16 classroom hours.

2. The Screening Phase, which refers some but not all participants to treatment. There are several factors that will be considered in whether or not a person is referred for screening. During the screening phase you may be asked to have an evaluation.

3. If you are referred to treatment based upon the results of your evaluation then you must attend the treatment.

If you or a family member are facing Driving While Intoxicated (DWI / DUI, DUAI) charges and need assistance with a DUI arrest in New York, I would highly recommend you find a qualified attorney to assist….as soon as possible. And we would like to offer our services – beginning with a free consultation by calling 1 800 879 6410.

Field Sobriety Tests In New York State

Police officers in New York State use several field sobriety tests (FST) to try to determine if there are sufficient indicators to make an arrest for driving while intoxicated (DWI /DUI). These tests are performed on the street or in the police precinct. If the FST are done in the police precinct, very often these tests are videotaped.

Here is a list of some if the field sobriety tests.

1. Horizontal Gaze Nystagmus (HGN)
2. Walk and Turn Test
3. One Legged Stand Test
4. Romberg Test
5. Finger to Nose
6. Alphabet Test

These tests can be challenged by an experienced attorney.

If you or a family member was asked to do any of these field sobriety tests and need assistance with a DUI arrest in New York, I would highly recommend you find a qualified attorney to assist….as soon as possible. And we would like to offer our services – beginning with a free consultation by calling 1 800 879 6410.

If I Was Drinking And Driving Shouldn’t I Just Go To Court And Plead Guilty?

Part 4

No, absolutely not. The New York State and Federal Constitutions afford you many protections and rights.

Among those protections are that you are presumed innocent and the burden of proof is on the prosecutor to prove, if they can, each and every element of the DWI/DUI charge.

If they fail to prove each and every element of the charge to the satisfaction of a jury, then the presumption of innocence remains intact and you will be found not guilty.

If you’ve been arrested for DUI in New York, contact a highly experienced NYC DUI Attorney as soon as possible at 1 800 879 6410 – 24 hours a day, 365 days a year.

Can Field Sobriety Tests Be Challenged?

Part 3

Yes, an experienced attorney should challenge they way the tests were carried out. Very often the police officer does not follow the rules precisely as they should and the conclusions they reach about the results of the field sobriety tests can be disallowed.

If you were suffering from an injury or had an illness at the time that the field sobriety tests were administered then the conclusions reach by the police officer as a result of the test should be reviewed by an experienced attorney.

If you have been arrested for DUI in New York, why not get your questions answered and find out what professional DWI Attorneys can do. Call us at 1 800 879 6410 today for your free consultation.