Defending Yourself After A DWI Arrest
You have been arrested for a DWI. What now? You face harsh penalties and a permanent stain on your record. Some people assume there is nothing they can do once they fail the breathalyzer test and they accept their fate. You can defend yourself, however, and the experienced attorneys at Trbovich Law Firm can help. We defend people in the Buffalo area against DWI charges every day, and we get results. We will fight your charges through trial, if necessary.
The Next Steps
After the police book you, you will face the court process. The earlier you involve an attorney, the better off you will be. We can collect our own evidence, interview witnesses, and start building your defense right away. We can represent you at all stages of your case, including your arraignment, plea negotiations, and, if necessary, going to trial.
Your First Court Appearance
The police may hold you until your first court appearance or release you on bail, depending on the New York county where you were arrested. The officers will give you paperwork with your court appearance date and time. At your first appearance, called an arraignment, the judge will likely do the following:
- Explain your charges and may explain your rights again.
- Ask if you have an attorney: Hopefully you will at this point, but the judge will explain that you may have an attorney appointed if you cannot afford one.
- Ask you for your plea of guilty or not guilty: If you seem unsure and do not have an answer, the judge will record your plea as not guilty.
- Set bail: Even if you already paid bail for your first appearance, the judge may reset bail while you wait for your trial date.
- Take your license: Your license will be suspended while awaiting the outcome of your case. If you refused a chemical test, the judge will schedule a hearing with the DMV.
- Schedule your trial date.
Preparing Your Defense For Negotiation And Trial
After your arraignment, we will continue building your defense. We will always fight to have your charges dismissed or reduced, and if we cannot do either, we will prepare your case for trial. Possible defenses include:
- Violation of your rights: We will challenge the probable cause for your initial stop and arrest. We will also challenge any failure to properly inform you of your legal rights.
- Violation of procedure: If the officer failed to follow the correct procedures for your field sobriety test, your chemical test, or your arrest, we will use that in your defense.
- Challenge the tests: Field sobriety tests and chemical testing have many problems associated with them, and we have ways to challenge their accuracy and reliability.
When we build a strong case, you have a better chance of walking away without a DWI conviction.