Common Mistakes To Avoid After a New York DUI Arrest
Getting arrested for a DUI can be confusing and scary, especially if you have never been in this situation before. Many people who get arrested for DUI for the first time do not know what to do after the arrest. They do not know how to conduct themselves. Unfortunately, this leads people to make bad decisions, which end up jeopardizing their case. After a DUI arrest, there are several mistakes that you should avoid making that could jeopardize the outcome of your case. The following are some of the common mistakes to avoid after a New York DUI arrest.
- Failing To Take the Situation Seriously
One of the worst mistakes you can make after a DUI arrest is brushing off the situation as “no big deal.” Being arrested for a DUI is a big deal. Even if a first-time DUI charge in New York is considered a misdemeanor, which is not as serious as a felony, you should take your arrest seriously. If convicted of a first-time DUI in New York, you could be jailed for up to one year. Your license could be suspended for at least six months. You could also be fined. Beyond these criminal consequences, a first-time DUI conviction can affect your personal relationships, job prospects, and other aspects of your life.
- Failing To Seek Legal Counsel Immediately
If you have been arrested for DUI in New York, you should consult a knowledgeable attorney right away if you still haven’t. A skilled DUI attorney can guide you on how to proceed. They can help you understand your legal rights and ensure your rights are protected. A qualified attorney can help defend you if you are formally charged.
- Talking to the Police
Some people think they can help themselves if they talk to the police. However, that is rarely the case. Sometimes, the police might imply that they are trying to help you or suggest you can help yourself by answering questions. However, there is a reason why you have the right to remain silent. The police can use whatever you say to them against you. If you speak to law enforcement, you may involuntarily make incriminating statements. Additionally, the police may lead you into making statements they can use against you. It is best to exercise your right to remain silent until you have an attorney present.
- Pleading Guilty
Shortly after your DUI arrest, you will be taken before a judge for a first appearance. This is called an arraignment. During this appearance, you will be formally charged and have the opportunity to enter a plea. You may be tempted to plead guilty and resolve your case during your initial court appearance. However, you should avoid making a rash decision. Remember, at this stage, you haven’t had a chance to review the state’s evidence against you. Consult with an attorney who can help you make an informed decision.
- Assuming You Cannot Fight the Charges
If you were arrested because you failed a breathalyzer test or performed poorly on field sobriety tests, you may think you cannot fight your DUI charges. This is an incorrect assumption. There are many potential DUI defenses. A skilled DUI attorney can help you determine defenses that may be applicable in your case.
Contact an NYC Criminal Attorney
If you’ve been arrested for DUI in New York, contact our experienced NYC criminal attorney, Mark I. Cohen.