Our Nassau County DWI Lawyers will know that if you have been arrested for DWI Driving While Intoxicated, you are likely feeling confused, upset and concerned about what will happen in the coming weeks and months as your Nassau County case proceeds through the Court system. Your feelings are understandable considering the high profile nature that many DWI cases are taking in Nassau County. The Nassau County District Attorney is taking an aggressive position in the prosecution of people charged with Driving While Intoxicated. This is evidenced in the stricter plea bargain requirements and the Nassau County "wall of shame" wherein the pictures of people charged and arrested for DWI Driving While Intoxicated are spread across numerous media outlets even before they are convicted. The Nassau County District Attorney has made it clear that their office intends to maintain a firm position when prosecuting people who drink and drive in Nassau County. These are difficult times for those charged with DWI DUI in Nassau County and you can expect that the process of resolving and disposing of your case will be no different. However, you can Fight Your Nassau DWI.
GENERAL QUESTIONS REGARDING YOUR NASSAU COUNTY DWI
Your Arrest In Nassau County
If you are reading this paragraph, you already know what the arrest procedure is for your Nassau County DWI. It is a difficult and humiliating process. You have been removed from your car or vehicle and asked to perform "field-side" sobriety tests, often on the side of a busy roadway and in public. A Nassau County Police Officer has moved your hands behind your back and fixed handcuffs around your wrists. You have officially lost your freedom. You are under arrest for a Nassau County DWI. In many but not all cases, the police officer will read you your rights and inform you that in fact you do not have to answer any of his questions if you so choose and that you have the right to speak to and be represented by an attorney or lawyer of your choosing. Please keep in mind that if the police officer does not read you your rights, this does not mean the DWI case against you will be dismissed, but only that any statements you may have made "after your arrest" will not be used to help convict you.
The Police Station and Chemical Test
Subsequent to your arrest for DWI Driving While Intoxicated, you will be placed in a police car and transported to a local Nassau County Police Precinct for additional processing. This is a critical step in the continued investigation and prosecution of your Nassau County DWI. While the police officer may have developed enough observational evidence to arrest you for DWI Driving While Intoxicated, the gathering of evidence to prosecute you continues at this stage. You will be asked to sign a consent form and agree to submit to a chemical analysis of your breath or blood to determine your Blood Alcohol Content (%BAC). Any evidence gathered as a result of this test will be used to prosecute you in the Nassau County Court. The Nassau Police officer will inform you that if you "refuse" to submit to this test, (DWI Refusal) your privilege to drive will be revoked for up to one year notwithstanding the final outcome of the Nassau County DWI prosecution.
In nearly all arrests for DWI Driving While Intoxicated in Nassau County, you will be held in jail pending your appearance before a Nassau County Court for your arraignment. Generally, all new DWI arrests will be processed at the local Nassau County Police Precinct, which is where you will be held before you are transported to the Court. In nearly all DWI arrests in Nassau County, you will not be sent to the Nassau County Jail or Correctional Facility located in East Meadow, but instead will be held in the station house or Precinct jail pending your court appearance.
Nassau County District Court
Usually, you are transported from the local Police Precinct to the Nassau County District Court located on Main Street in Hempstead, NY, the day following your arrest for DWI Driving While Intoxicated. If you are arrested in the early morning hours in Nassau County, this will likely happen the same day. Once you arrive at the Nassau District Court, you will be held in a waiting area with other prisoners until your case is called before the Nassau County Judge. Your case will be called and if you do not have a DWI lawyer or DWI attorney present to represent you, the Judge will inquire if you wish to proceed with the Nassau County DWI arraignment in the absence of a DWI lawyer. The Nassau County DWI arraignment is merely a formal proceeding wherein a plea of not guilty is entered and the issue of bail or release is considered by the Nassau Court. Additionally, the Nassau County Court will often take the step of suspending your privilege to drive while the DWI prosecution is pending. The Nassau Court may inquire if you would like to apply for a "hardship license" for the sole purpose of driving to an from your place of employment. If you qualify, the Judge will adjourn your DWI case for several days so that you can meet with a DWI attorney or DWI lawyer and prepare for the Nassau County hardship hearing.