When you have been arrested for a DWI or you are facing DWI charges in Upstate New York, you should immediately begin thinking about how you can defend against the charges to avoid having a criminal record. An experienced Rochester DWI defense attorney can speak with you today about your case and defending against DWI charges. In the meantime, the following information can help you as you are thinking ahead to your case and taking steps to beat the charges you are facing.
Get In Touch with a DWI Defense Lawyer As Soon As Possible
First, as soon as you have been arrested for a DWI, you should get in touch with a DWI defense attorney who can assist you with your case. Hiring a lawyer does not mean that you are guilty, but rather that you understand your rights and that you know how critical it is to have an advocate on your side with experience handling DWI cases in Upstate New York. The sooner you begin working with a lawyer, the sooner you can begin working on a defense strategy that is specifically tailored to the facts of your case.
Know Your Rights
Next, it is critical to understand your rights when you are arrested. While you have a wide variety of rights under the U.S. Constitution and under New York State law, the rights that are particularly important are your right to remain silent and your right to an attorney. You may know these rights as part of the “Miranda warning” that is read to people when they are arrested or detained, and they come from the U.S. Supreme Court case of Miranda v. Arizona (1966). In that case, the U.S. Supreme Court clarified that a person has a right against self-incrimination under the Fifth Amendment and a right to a lawyer under the Sixth Amendment.
You should not waive these rights after you are arrested, and you should certainly exercise these rights when you are thinking about the best way to defend against a DWI arrest and charges. The police might tell you that it is in your interest to be honest about drinking alcohol, for example, but you should remain silent and seek help from a lawyer.
Learn About Potential DWI Defenses
Finally, begin learning about potential defense strategies that you can discuss with your lawyer. You will want to tailor your defense strategy to the facts surrounding your arrest, but the following are potential defense in DWI cases:
- Constitutional violation occurred, such as a violation of the Fifth or Sixth Amendment because you were not informed of your Miranda rights, or a Fourth Amendment violation because you were unlawfully stopped and searched in the DWI case;
Police misconduct during the DWI stop or in the circumstances surrounding your arrest; or
- Faulty or defective breathalyzer, or user improperly trained to administer the breathalyzer.
- Many other defenses also may be applicable to your case.
Contact a Rochester DWI Defense Lawyer Today
If you were arrested for a DWI in Upstate New York, or if you have been charged, it is essential to seek advice from one of our Rochester DWI defense attorneys as soon as you can. The best way to defend against DWI charges is to work with an experienced lawyer and to know your rights under state and federal law. Contact King Law today to learn more about the DWI defense services we provide to clients in Rochester and throughout Upstate New York.