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“Outstanding in this area! Very strong knowledge of the system. As a retired Police Lieutenant, and one who has both supervised and made DWI arrests, it was a pleasure dealing with our attorney. He was clear and concise. After 38 years in the law enforcement business, I know from experience, the level of competence was near the top! Keep up the great work! The DWI machine in New York State is gobbling up many who pay the awful price of conviction due to incompetent representation!”
“We were able to get the results required so that I can move on and rebuild my life. I would have like a quicker resolution, but results are more important. As lawyers that specialize in DWI law, they are more knowledgeable in that type of litigation.”
“I would recommend Xavier + Associates because of all of the knowledge the lawyers have about all the DWI laws and formalities. It was great knowing they were always available to answer any questions.”
“Terrifically organized and precise. Highly qualified for the case with specific strategy. They were there 100% for me. The case at hand was handled greatly with great results. No reason not to recommend.”
DWI GUY Legal Services – Processing Stages
If police believe they have reasonable suspicion that a violation or crime has occurred, they will likely pull you over. After further investigation, the police may believe they have probable cause for an arrest. At that point, you will likely be arrested. When you’re arrested, you should contact a lawyer to advise you of your rights. If arrested, it’s highly recommended that you obtain a lawyer as they can be critical to protecting your rights.
Arraignment will be your first encounter wth a Judge following your arrest. The Judge reads the charges you are facing and you have an opportunity to enter a plea of “guilty” or “not guilty.” In nearly every case a plea of “not guilty” should be entered at this stage. We recommend having an attorney present with you at each court proceeding; including arraignment. The Judge may seem like a reasonable person, but their job is to remain fair and impartial. A defense attorney’s job is to zealously advocate for you and act with your best interests in mind. If the court has a chemical test result alleging your BAC (Blood Alcohol Concentration) to be 0.08% or higher, your driver’s license will be immediately suspended pending your prosecution. If it is alleged that you refused to take a chemical test, your driver’s license will be immediately suspended pending a future hearing. This is an administrative hearing through the DMV (Department of Motor Vehicles). An Administrative Law Judge will determine whether your license should be returned to you or not.
After the arraignment, the prosecutor should provide your defense attorney with “discovery materials.” Discovery materials include the evidence and allegations in your case. Some of this evidence may include police reports, witness statements, videos, photos, etc. Following the discovery stage, your attorney should have a much clearer picture of the prosecution’s case. The attorney should be able to assess the strengths and weaknesses as well. Your defense attorney will need to carefully analyze this information and will then frequently file motions challenging the allegations as well as preserving your rights. Often times, pre-trial hearings are conducted attempting to suppress evidence the prosecutor seeks to use against you at trial.
Plea Bargaining is a process where an attempt is made with the Prosecutor to negotiate a compromise to have your charges and penalty reduced by pleading guilty to a lesser charge. Under some circumstances, this may be a realistic and beneficial option for you. In other cases, this particular strategy may not serve your best interest or may not even be an option. Your attorney should help you understand when a plea bargain may be in your best interest. An experienced attorney should be able to negotiate the greatest possible reduction in charges for you and/or limit the severity of potential consequences.
If your case has not been resolved by this point, your case will likely proceed to trial. At trial, your defense attorney will present your defense in front of a Judge and/or jury. If you decide to go to trial, the prosecutor has the burden of proving you guilty “beyond a reasonable doubt.” During your trial, your defense lawyer will prepare the strongest possible arguments on your behalf. If the government cannot prove its case beyond a reasonable doubt then you will be found “not guilty.” If it can prove its case, then you will be found “guilty.”
If you are convicted or accept a plea bargain, the judge may sentence you to:
- Pay fines
- A short jail stay
- A long jail term depending the severity of the charge you have been convicted or plead to;
- Probation or a suspended sentence, with restrictions on where you can go and what you can do (like being barred from drinking);
- Community service, working with local nonprofit community organization
- Install an “ignition interlock” device on your vehicle which prevents you from operating your vehicle if your blood alcohol content is over a certain level, typically .02
- Other sentences at the discretion of the judge within certain guidelines
You may lose your driver’s license or have it suspended for a certain period of time. In certain circumstances, you may obtain a conditional license with restrictions on when and where you can drive.
Please be advised that this case outline is only intended for educational purposes and to give a general overview of a DWI or DWAI-Drugs case. Each case is different and your experience may vary greatly from this outline. This is intended for informational purposes only. An attorney-client relationship has not been established and it is not intended to be legal advice.
HELP FOR ALMOST ANY DWI ISSUE
Our DWI legal services teams provide you insight and guidance on hundreds of DWI issues. Including:
Albany, Syracuse, Utica, Rochester, Binghamton, and Watertown DWI Lawyers
From Binghamton to Watertown, from Albany to Buffalo and everywhere in-between, the DWI lawyers with the DWI GUY are here to help.
Our process is simple;
- We listen to your situation.
- Determine if hiring an attorney makes sense.
- If it does make sense for you to hire an attorney, we then help find you the best New York DWI Attorney – someone that has committed their career to helping someone in your situation.
We have a network of attorneys – whether you need a Syracuse DWI lawyer, DWI attorney in Albany, a Buffalo DWI Attorney, or need a DWI lawyer for Binghamton or Utica, we have an attorney that is ready to ensure that you’re protected.
If you have been arrested or charged with a DWI in New York, or any drug or alcohol related offense, please contact the DWI Team with the DWI GUY. All the attorneys we work with are experienced, skilled, and prepared to protect your rights so that you can go back to focus on what matters most to you.
Albany DWI Lawyer
DWI GUY has a team of DWI Attorneys in the capital region that believe in a purpose so strong, that every part of the process matters. Our Capital district covers the counties of Albany, Washington, Warren, Saratoga, Schenectady, Rensselaer, Columbia, Greene, Ulster, Schoharie, Montgomery, and Fulton. All our attorneys in the capital region have the energy to reject the status quo and have the courage to question the norm, even if it means taking unconventional positions to help our clients.
Office: 522 Broadway, Albany, New York 12207
Syracuse DWI Lawyer
DWI GUY has a team of DWI Attorneys that believe in defending people as strongly as possible even when it may seem impossible. Our Central district covers the counties of Onondaga, Oneida, Oswego, Madison, Cortland, Cayuga, and Seneca. With combined more than 50 years of legal experience, our Central New York office has a commitment and unwillingness to abandon our clients, even during the worst of circumstances.
Office: 269 West Jefferson Street, Syracuse, New York 13202
Utica DWI Lawyer
DWI GUY has a team of highly skilled and motivated and skilled DWI Attorneys. Our Utica-Rome district covers the counties of Oneida, Madison, Herkimer, Chenango and Otsego. With a focus around representing people charged with drug and alcohol offenses, our Utica team is committed to obtaining the best possible result for our clients
*Office: 1602 Sunset Ave., Utica New York 13502
Binghamton DWI Lawyer
DWI GUY has team of focused DWI attorneys in Binghamton brings a different level of experience; focused as in 100% of the cases the Southern Tier team handles involved drug and alcohol cases. Our Southern Tier attorneys cover counties of: Binghamton, Tioga, Chenango, Cortland and Tompkins. With plenty of attorneys to choose from, our dedicated, focused and result orientated team is what makes us stand apart.
*Office: 37 Front Street, Binghamton, New York 13905
By appointment only
Rochester DWI Lawyer
DWI GUY has team of result-oriented DWI attorneys in Rochester believes in doing what is right, regardless of popular opinion. Our Western New York attorneys cover counties of: Monroe, Wayne, Ontario, Yates, Livingston, Orleans, Genesee, Niagara, Wyoming, and Erie. Our Western New York office, understands the power of a team and that no one person is as powerful or as great as all of us together.
Office: 510 Clinton Square, Rochester, New York 14604
Watertown DWI Lawyer
DWI GUY has a team of attorneys that are dedicated at protecting the rights of our North Country residents, including our soldier at Fort Drum. Our North Country office covers the counties of Watertown, Oswego, Lewis and St. Lawrence. With 10+ years’ experience navigating people thought the court system, our North Country team is committed to helping you get past this to move on with your life with the least amount of risk.
*Office: 146L Arsenal Street, Suite 15, Watertown, New York 13601
By appointment only