First Court Appearance In New York After A DWI Arrest-What Happens?
In New York an arraignment is the first time you see a judge after you have been arrested and charged with a DWI, DUI or DUAI. There are several very important issues that arise at the arraignment that everyone should be aware of.
1. At the arraignment you are informed about each and every charge that is being brought against you in the case. It will be at that time that you will be informed of your blood alcohol content (BAC) or breath test reading.
2. The judge has to address the issue of bail. Normally, with DWI charges there is little chance that bail would be set. Your family or friends that are coming to your arraignment should be prepared to post some bail especially if there are any aggravating factors. Aggravating factors such as:
A) A motor vehicle accident that lead to your DWI arrest,
B) If you live out of the state of New York,
C) You have a prior DWI conviction in New York or any other state.
3. The prosecutor is required to inform you of any statements that they intend to use against you at your trial. For instance if you told the police officer that you “drank two beers”, the prosecutor will want to try to use that statement against you at your trial.The prosecutor may reserve this right to a later date when they will serve the statement in writing on you and your attorney.
4. The prosecutor is required to inform you of any property that they intend to use against you at a trial. For instance if there was an open beer bottle found in the vehicle you were driving, the prosecutor will put you and the court on notice that they intend to use that against you at your trial.
5. The issue of suspending your drivers license pending the outcome of your case. Requesting and preparing for a hardship hearing.
These are just some of the complex issues that arise at every arraignment. We are fluent in how to address these issues and how to PROTECT YOUR LEGAL RIGHTS during this critical first stage of your case.