If you have been arrested for DWI Driving While Intoxicated, you are likely feeling confused, upset and concerned about what will happen in the coming weeks and months as your Suffolk County case proceeds through the Court system. Your feelings are understandable considering the high profile nature that many DWI cases are taking in Suffolk County as well as the more rigorous guidlines under the New York State DWI Laws. The SuffolkCounty District Attorney is taking an aggressive position in the prosecution of people charged with Driving While Intoxicated. This is evidenced in the stricter plea bargain requirements and the neighboring Nassau County "wall of shame" wherein the pictures of people charged and arrested for DWI Driving While Intoxicated are spread across numerous media outlets even before they are convicted. The Suffolk CountyDistrict Attorney has made it clear that his office intends to maintain a firm position when prosecuting people who drink and drive in Suffolk County. These are difficult times for those charged with DWI DUI in Suffolk County and you can expect that the process of resolving and disposing of your case will be no different.
If you are reading this paragraph, you already know what the arrest procedure is for your Suffolk County DWI. It is a difficult and humiliating process. You have been removed from your car or vehicle and asked to perform "field-side" sobriety tests, often on the side of a busy roadway and in public. A Suffolk County Police Officer has moved your hands behind your back and fixed handcuffs around your wrists. You have officially lost your freedom. You are under arrest for a Suffolk County DWI. In many but not all cases, the police officer will read you your rights and inform you that in fact you do not have to answer any of his questions if you so choose and that you have the right to speak to and be represented by an attorney or lawyer of your choosing. Please keep in mind that if the police officer does not read you your rights, this does not mean the DWI case against you will be dismissed, but only that any statements you may have made "after your arrest" will not be used to help convict you.
Subsequent to your arrest for DWI Driving While Intoxicated, you will be placed in a police car and transported to a local Suffolk County Police Precinct for additional processing. This is a critical step in the continued investigation and prosecution of your Suffolk County DWI. While the police officer may have developed enough observational evidence to arrest you for DWI Driving While Intoxicated, the gathering of evidence to prosecute you continues at this stage. You will be asked to sign a consent form and agree to submit to a chemical analysis of your breath or blood to determine your Blood Alcohol Content (%BAC). Any evidence gathered as a result of this test will be used to prosecute you in the Suffolk County Court. The Suffolk Police officer will inform you that if you "refuse" to submit to this test, your privilege to drive will be revoked for up to one year notwithstanding the final outcome of the Suffolk County DWI prosecution.
In nearly all arrests for DWI Driving While Intoxicated in Suffolk County, you will be held in jail pending your appearance before a Suffolk County Court for your arraignment. Generally, all new DWI arrests will be processed at the local SuffolkCounty Police Precinct, which is where you will be held before you are transported to the Court. In nearly all DWI arrests in Suffolk County, you will not be sent to the Suffolk County Jail or Correctional Facility located in Riverhead, but instead will be held in the station house or Precinct jail pending your court appearance.
Usually, you are transported from the local Police Precinct to the SuffolkCounty District Court the day following your arrest for DWI Driving While Intoxicated. If you are arrested in the early morning hours in Suffolk County, this will likely happen the same day. Once you arrive at the Suffolk District Court in Central Islip, you will be held in a waiting area with other prisoners until your case is called before the Suffolk County Judge. Your case will be called and if you do not have a lawyer or attorney present to represent you, the Judge will inquire if you wish to proceed with the Suffolk DWI arraignment in the absence of a lawyer. The DWI arraignment is merely a formal proceeding wherein a plea of not guilty is entered and the issue of bail or release is considered by the Court. Additionally, the Suffolk Court will often take the step of suspending your privilege to drive while the DWI prosecution is pending. The Court may inquire if you would like to apply for a "hardship license" for the sole purpose of driving to an from your place of employment. If you qualify, the Judge will adjourn your DWI case for several days so that you can meet with an attorney or lawyer and prepare for the Suffolk County hardship hearing.
DWI General Questions Page: DWI Defense Lawyers and Attorneys in Suffolk County New York serving the following Long Island areas: Huntington, Babylon, Islip, Smithtown, Brookhaven, Riverhead, Southampton, East Hampton, Southold and Shelter Island as well as the Central Islip First District Court.
Notice: This is an Attorney Advertisement. Please be aware of the limitations of this advertisement. The information provided on this advertisement is not legal advice. Viewing this website does not constitute legal advice nor does it create an attorney client relationship. If you need legal advice, you must speak directly with an attorney. Staff Attorneys: Daniel G. Rodgers PLLC; (Of Counsel); Tad M. Scharfenberg; Keith O'Halloran
