When people in New York think about various types of crimes, they may imagine murder, assault and other alleged acts that exhibit violence and leave others with possible physical harm. When a person drives with alcohol allegedly in their system there is no guarantee that they will hurt themselves or anyone else. However, the state and other states throughout the country have deemed the act of driving with alcohol in one’s system dangerous, because alcohol can have an impact on some of a driver’s physical acuities. Because they believe the potential for harm is so great when alcohol is in a driver’s body, legislators have taken steps to significantly penalize drunk driving.
When a person is stopped by a law enforcement official for allegedly drunk driving, they may be asked questions by the officer. They may be asked to perform field sobriety tests or to consent to a Breathalyzer or blood test that may confirm their blood alcohol concentration. If their performance on these tests is unsatisfactory they may be arrested by the law enforcement official.
An arrest is the beginning of a person’s indoctrination into the criminal justice system. Once they are released they will be given notice of when their hearing will occur. During their hearing they can present evidence to clear their name and refute the charges lodged by the prosecutor who has taken up the case against them.
Time can move quickly between a DWI arrest and hearing, and individuals in this situation must also therefore make wise decisions to protect their futures. The law firm of Lerner & Lerner is available for DWI representation and to help individuals who have been charged with allegedly driving drunk with understanding their rights.