Being Charged with DWI
If you are being charged with DWI, you probably have a lot of questions about what happened and how this will affect your future. Here is what you should know before calling our NYC DWI attorney.
Being Charged with DWI | Having Your Blood Drawn at the Hospital for a DWI
In the state of New York, a person may be charged with DWI or DUI and have a blood test taken. This can happen when a person is involved in an accident and taken right to the hospital. In certain circumstances, the police will ask the hospital staff to take a blood sample – not for diagnostic use, but for forensic purposes to be used against you. In those cases, details are very important because of certain issues in regard to blood cases, such as whether the blood was drawn by someone certified to do so, whether or not they used a non-alcoholic swab to clean the site from which they drew the blood, how the blood was handled after it was taken, whether it was coagulated with the correct vial, whether it was refrigerated, and whether or not an unbroken chain of custody can be traced from taking the sample through getting it to the police lab. Those are just a few of many issues involved in DWI cases where blood was drawn for use as evidence. If your case involves a blood draw, please give me a call.
Being Charged with DWI | Having Your DWI Record Sealed
If you’ve been charged with DWI or DUI in the state of New York, you may want to get your record sealed – meaning the court enters an order on the record making it invisible. Some people would call that expungement, but New York doesn’t use that term. As a rule, the only ways to obtain a sealing of your record in the state of New York is for that record to be dismissed, for your case to be dismissed, or for you to go to trial and be found not guilty. A plea to anything other than DWI might be sealable after a year, but DWI is not sealable. Conviction for DWI or impaired driving will not be sealable offenses, so be careful and remember I deal with these types of issues every single day.
If you are being charged with DWI and you want a fierce NYC DWI lawyer, please call Carl Spector today for a free consultation and see how his experience will work for you.