James M. Wagman, Attorney at Law
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When can police make an arrest for drunk driving?

Facing criminal charges related to drunk driving in New York can be discouraging and overwhelming, even if it is your first offense. You understand that it's important to fight for your future by fighting the charges against you, but where should you start? How can you protect your rights?

One of the most important elements of protecting your rights is knowing your rights and how the DWI process works. If law enforcement violated your rights or there were other problems with your DWI arrest, you can challenge the case against you. An evaluation of your case can help you understand what defense options are available to you and how you should move forward.

Making an arrest for suspected DWI

Police cannot make an arrest simply because they want to. There must be a clear reason to take this course of action, called probable cause. It can help you to have a better understanding of the authority vested in law enforcement and when it is appropriate for them to make an arrest for drunk driving. Circumstances that may lead to a DWI arrest include: 

  • If the police officer has probable cause to believe that a criminal activity took place, he or she has grounds to make an arrest. This includes strong indications of DWI, such as seeing open alcohol containers in a car.
  • There was a lawful traffic stop, and the officer sees signs that a driver may be drunk. He or she can then ask for certain tests, which may lead to an arrest of the driver.
  • If there is a warrant to make an arrest, the law enforcement officer can then lawfully take a driver into custody for drunk driving or other criminal activity.

It is possible to challenge an unlawful arrest. However, this is a complex process, and you will find significant benefit in working with an attorney who has experience in criminal defense cases and knows how to help you fight back against DWI charges.

After an arrest

After an arrest, it is smart to take immediate action to start working on your defense strategy. It may be possible to challenge an unlawful arrest, but it is also possible to develop a defense plan that effectively confronts the charges against you and the evidence brought by the prosecution.

A complete assessment of your case can help you understand how to move forward with your defense and what you can do to fight for your future interests when facing DWI charges.

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James M. Wagman, Attorney at Law

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