Frequently Asked Questions

What happens if I am arrested?

If you are arrested for breaking a criminal law, the case is taken before a magistrate who may issue a warrant if necessary and set bond for appearance in court. If the defendant cannot post the bond he may be incarcerated pending appearance in court. If bond is posted, he will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest or the first date available if on a weekend or holiday. The arraignment is held before a judge of the courts. During the arraignment the defendant is formally told what offense he is charged with, told their constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty, bond may be reviewed, and a date for the next hearing will be scheduled.

Can they use force to arrest me?

A police officer may use as much force as is necessary to arrest you. Unreasonable force is assault. After arrest, a police officer may handcuff you if you attempt to escape or the officer considers it necessary to prevent you from escaping. If you claim that force was used to arrest you, a judge will decide whether or not the force used was reasonable in the circumstances.

Am I entitled to a jury trial?

You have a right to a jury trial, but you must ask for it. If you do not ask for a jury, only the judge will be at your trial. The jury decides if you are guilty or not guilty. Your lawyer should help you make this very important decision.

Can I be arrested for questioning?

No. Police can request you to accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offence. It is not advisable to speak with the police until you have first spoken with your attorney. You should ask for a lawyer or independent witness to be present during questioning.

What is DWI?

DWI is shorthand for Driving While Intoxicated. A person is guilty of DWI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state.

Other terms that are frequently used to mean illegal drinking and driving include:

• DUI- Driving Under the Influence
• DWAI- Driving While Ability Impaired
• DWAI drugs - Driving While Ability Impaired by the use of LEGAL or ILLEGAL drugs

Is there anyway to avoid a DWI?

It sounds simple, but don't drink and drive. Take a taxi, designate a driver, walk, call a friend, but no matter what, do not drink and drive.

Can I still be in trouble for driving, even if my BAC is below the legal limit?

Yes. It is also unlawful to drive with your normal faculties impaired. Normal faculties are those faculties of a reasonably prudent person, such as the ability to walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, etc.

Does the car have to be moving for me to be guilty of DWI?

No. You can be arrested for DWI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DWI by being in actual physical control of the car.

If you are arrested for DWI, contact the New York DWI defense team at the Law Offices of James F. Granville to make sure that your rights are protected.