Stages of a DWI Case

1. The Arrest

   The first stage of the DWI process is the arrest. For the traffic stop to be valid, the stop must be supported by reasonable suspicion that a motor vehicle violation has been committed.The police must have an articulable and reasonable suspicion that a violation of the traffic laws has occurred in order to effectuate a stop for driving while intoxicated (DWI). Once an individual is stopped the police must have probable cause to believe the driver is intoxicated before they can make an arrest and conduct a breathalyzer test. It should also be kept in mind that there is no right to advice from counsel at this stage and therefore an attorney, in particular, an experienced dwi lawyer, is of no assistance at this point in time in the case.

2. Arraignment:
   
   This is the judicial proceeding shortly after your DWI, DUI arrest. If you have a New York DWI lawyer and are not on bond, you do not have to appear. It is primarily for advisement of rights. If you have a New York DWI lawyer, he will advise you.
   
   
3. Pre-trial Conference:
   
   Your DUI defense attorney will discuss your case with the District Attorney and negotiate the best possible plea bargain. It will typically happen within 6 weeks after arraignment. This is usually after the Motor Vehicle Hearing. The date is set by the Court and your DUI defense attorney on his calendar.
   
   
4. Suppression Hearing:
   
   The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your New York DWI lawyer will file motions to suppress. It occurs within forty-five days from the commencement of the action brought against you, i.e. the date of your arraignment.
   
   
5. Trial:
   
   If you are charged with a misdemeanor, you have a right to a jury trial with 6 jurors. If you are charged with a felony, you have a right to a jury trial with a jury of 12. The District Attorney's Office must announce their readiness for trial 90 days from the commencement of the action brought against you; six months if you are charged with a felony DWI/DUI.
   
   
6. Sentencing:
   
   The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail/prison time, community service, alcohol counseling, classes and fines.

   There is no cost or obligation for a consultation with NY DWI Attorney Estelle Roond.
   For immediate assistance, call 718-596-4800. You can e-mail Estelle@dwilawyer.com,
   or click here for our Free DWI Consultation Form to submit to our office.