DWI Lawyers and Attorneys in Westchester County, New York
If you have been charged with a DUI or DWI in Westchester County, New York, you may have many questions. The consequences of a DUI or DWI can be very serious. Your reputation, your freedom, and your driving privileges may be on the line. Darren DeUrso is a Westchester County, New York DUI attorney who can stand with you every step of the way. Navigating the criminal justice system is seldom easy. Our firm understands the legal processes involved and can assist you in getting the best possible outcome for your case.
Driving while under the influence of alcohol or drugs is considered a crime in New York. The nature of your charges will depend on how much you drank. You can be charged with a DWI (Driving While Intoxicated) crime if your blood alcohol content (BAC) was found to be above 0.08%. However, you could face more serious charges if your BAC was found to be above 0.18. How much do you have to drink to have an illegal amount of alcohol in your blood? This can be hard to know because it varies from person to person. How drunk you are will depend on your body weight, your gender, your eating habits while drinking, how much you drank, and how long you were drinking. In general, if you’ve been drinking, you should not be driving.
However, mistakes happen. Alcohol affects your judgement. You may have gotten behind the wheel, despite your better judgement. Or you may have just decided to rest in your car, but are now facing charges because you had your car keys in the ignition. Officers can charge you with drunk driving even if you are just sitting in your car! Or, perhaps you have a medical condition that made you appear drunk and now you are facing DWI charges. Under New York’s implied consent law, you could immediately lose your license if you refuse to consent to a breath test if arrested for drunk driving.
Drunk driving charges are serious. Conviction could impact your criminal record for years to come. You could face higher insurance premiums and other social challenges if you have a DWI on your record. Darren DeUrso is a DWI attorney in Westchester County, New York. Our firm will take the time to listen to your story, understand the facts of your case, and fight for your rights either inside or outside of court.
Your Rights During a DWI Arrest in New York
Most people don’t know their rights during an arrest. After all, no one ever expects to be arrested. However, if you are under arrest in New York, you retain certain rights under the law. First, when you are placed under arrest, the officer should read you your Miranda rights. These rights include the phrase: “You have the right to remain silent . . .” Anything you say after you have been read these rights could be used against you in court. In general, if you are under arrest, it is in your best interests to seek the qualified counsel of a lawyer.
You may not be placed under arrest right away if an officer stops you. Sometimes, the officer needs to gather more evidence before making an arrest. You may be asked to submit to field sobriety tests. These tests include officers asking you to walk in a straight line or following a moving object with your eyes. It is important to know that you are not required to take these tests unless you have been arrested. You can politely refuse. However, your refusal may be used as probable cause to arrest you.
If you are under arrest, you may be asked to submit to a breath or blood test. Under New York’s implied consent laws, if you refuse to submit to these tests, you could immediately lose your license. In order to require you to submit to a blood test, in some cases, officers may be required to secure a court order. You are also permitted to get a blood test performed by an independent group of your choosing if you have been asked to submit to a state-administered blood test.
If you are facing charges or are under arrest, you have the right to an attorney. The DWI lawyers in Westchester County, New York, like Darren DeUrso can help you protect your rights. In some cases, if officers violated your rights during an arrest or mishandled evidence, a lawyer may even be able to get your charges dropped. Every case is unique. Learn more by contacting Darren DeUrso today.
Protect Your Rights in Westchester County, New York
If you are facing DWI charges in New York, the police are given major powers to collect evidence and build a case against you. However, there are still several strong DWI defenses and you are innocent until proven guilty. If you are facing DWI charges, contact Darren DeUrso, DUI lawyer in Westchester County, New York today. Our firm can offer your case the personalized attention it deserves.