| Numerous persons are arrested each day in Bronx, | | | | individual. If arrested, the suspect is handcuffed, and |
| New York, and charged with the criminal offense of | | | | brought to specific police stations within the Bronx that |
| Driving While Intoxicated. Driving While Intoxicated is a | | | | have rooms filled with equipment needed to process a |
| Class A misdemeanor, and carries significant penalties. | | | | DWI case. This includes a breathalyzer test machine, a |
| A person convicted of DWI faces a prison term of | | | | coordination test line, and video-tape machines. Many |
| up to one year incarceration, a three year probationary | | | | residents of the Bronx only speak spanish. If a |
| sentence, a six month to one year license suspension, | | | | suspect only speaks spanish, a video-taped recording |
| mandatory attendence in a Drunk Drivers Program, | | | | reads the suspect his rights in spanish, before any |
| including attendence at a Victims Impact Seminar, high | | | | further tests are administered. |
| fines, court surcharges, attorney fees, forfeiture of | | | | Criminal defense attorneys must be familiar with each |
| their car, and a criminal record. In fact, few other | | | | and every stage of a DWI arrest. If the criminal matter |
| criminal convictions carry so many requirements-or in | | | | is to be contested, the defense lawyer must be |
| some cases, burdens-as a conviction for DWI. Criminal | | | | prepared to challenge the initial stop of the car as |
| defense lawyers representing DWI offenders in the | | | | violative of the defendant's Constitutional rights. Any |
| Bronx must be familiar with all aspects of DWI law, as | | | | and all improprieties-intentional or not-must be brought |
| well as criminal procedure. | | | | to the Court's attention by way of legal motion, or |
| An arrest for DWI in the Bronx most often occurs | | | | application. The chemical analysis of the suspect's |
| after a law enforcement officer observes a car being | | | | breath must be reviewed by a chemist specializing in |
| driven in an "erratic manner, swerving from side to | | | | the area of DWI, who can read the reports, and spot |
| side, or recklessly crossing lanes". Typically, the officer | | | | inaccuracies. The video-tape, if damaging to the |
| will follow the suspected driver for a few moments to | | | | defense, must be challenged as having been taken in |
| confirm his, or her suspicions, and then issue a demand | | | | violation of the defendant's rights-such as the right to |
| that the driver pull over. Once pulled over, the officer | | | | have an attorney present if requested. |
| will approach the driver's side of the car to conduct an | | | | In addition to all the above, the defense attorney must |
| up close examination. This usually involves questioning | | | | be prepared to argue the matter before a jury. This |
| the driver, and searching for signs of intoxication. After | | | | involves jury selection, opening statements, direct and |
| this cursory examination, the officer will demand that | | | | cross examination of witnesses, the presentation of |
| the driver exit the car. The officer will take note of any | | | | evidence, such as expert witnesses, closing |
| signs of alcohol on the breath of the individual, redness | | | | statements, and legal applications. In short, the defense |
| of eyes, and signs of unsteadyness. | | | | of persons charged with a DWI offense is a complex, |
| An arresting officer in Bronx County will offer the | | | | detailed, time consuming, and costly event-which is |
| suspected DWI violator a field test. This field test | | | | exactly why persons charged with DWI would be |
| provides a preliminary finding as to the degree of | | | | wise to hire an experienced criminal lawyer to handle |
| intoxication of the suspect. This results of this test, | | | | their matter. |
| however, are inadmissable at subsequent court | | | | ______________________________ |
| proceedings. The officer may also offer the suspect a | | | | *Alexander Sanchez is a Bronx Criminal Lawyer. Mr. |
| coordination test. This test involves walking in a straight | | | | Sanchez has over 30 years experience handling |
| line, and touching of the nose upon command with a | | | | major criminal matters, and has tried hundreds of |
| specified hand. In Bronx County, some police cars | | | | cases. If arrested, facing charges, or have a date in |
| now carry video -tape equipment which records each | | | | court, call Mr. Sanchez at 718-665-0112 for imediate |
| and every moment of the stop, and arrest of the | | | | legal assistance. |