In the event that you get pulled over for suspicion of DWI, you need to call the New York DWI attorney that residents know they can trust - George Vomvolakis. If you are in a situation like this, the most important thing to do is to protect your rights. The officer who pulls you over will attempt to build a case of incriminating evidence against you. If you understand what your rights are now, you will know better how to act to protect your future.
Field Sobriety tests are designed to create enough factual evidence to proceed with chemical tests, which hold up better in court. It is not necessary for you to comply with field sobriety tests. You are also entitled to an independent blood or breath analysis.
Understanding your constitutional rights will help you to protect yourself against injustice. Consider these facts when you are facing a criminal charge.
New York DWI Lawyer
The fourth amendment restricts law enforcement from performing unreasonable searches or seizures. Therefore, an intrusion of your vehicle or person is illegal unless a warrant is obtained in advance.
Even though there are some specific exceptions in regard to automobiles and blood alcohol levels, there are not exceptions to the warrant requirement for blood and breath tests. Consenting to a field sobriety test opens the door for police to gather enough facts to request a warrant. It is important to remember that an officer must obtain a warrant prior to administering a chemical test.
Defense Against DWI Charges
You have the right to counsel. The fifth and sixth amendments provide you the right to a defense lawyer to provide you with counsel throughout the criminal process, including both the interrogation and investigation. You should request to speak with an attorney at the time of your arrest.
Under your Miranda rights, you have the right to remain silent other than providing identifying information. If your rights are violated, you will still be tried, though a violation of these rights can eliminate consent, waivers, and other forms of incrimination, including any evidence that resulted from these infractions.
Although the steps you should take if you are charged with a DWI are straightforward, the reasons behind them are complicated.
In order to navigate the complex legal process, call the Law Office of George Vomvolakis and contact a DWI attorney that New York trusts. Find your peace of mind today. Call us now at (212) 682-0700.
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The information on the George Vomvolakis website is for general information purposes only. No information on the website should be considered as legal advice for any individual case or situation. The information on this website or communications from the website do not constitute an attorney-client relationship. George Vomvolakis is licensed to practice law in the State of New York by the New York Bar Association. His law office serves the cities and counties of New York City, Brooklyn, Queens, Bronx, Manhattan, Staten Island, Yonkers, Kings County, Queens County, Bronx County, New York County, Richmond County, Nassau County, Suffolk County and Westchester County.