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Make sure your rights are protected Now! If you or a family member has been arrested for DUI DWI in New York , what you must make sure first is that your rights are protected. If you have time now to get more information on DUI DWI New York charges as well as DUI and license restriction, read on... We get most of our calls from a family member after an arrest. Most women and men charged with DUI, DWI (and/or marijuana or cocaine possession) are booked and jailed until an arraignment. If your doing a search for a family member and need to get them out of jail, call us immediately 877-529-6399 for a free consult. We will push to have the case arraigned as soon as possible and get your loved one out of jail as soon as possible. DUI Information: If you want to speak to a New York DUI lawyer or want free advice consultation call 877-529-6399. DUI DWI New York Statutory Summary Suspension In addition to the DWI or DUI license restriction, you may also be facing a fine, imprisonment or both if convicted. Keep in mind, each states has variations of the two most common statutory formats for revoking a person's license if that person failed the chemical testing and were found to violate the DUI laws and statutes. In some states a driver who refuses chemical testing will face civil revocation proceeding while in other states, a person who refuses or fails chemical testing would face a statutory summary suspension hearing. The difference between the two is the civil revocation proceeding is more of an administrative rather than judicial process. The Administrative Procedures Act oversees license suspension/revocation proceedings in many states., but some states exclude the Administrative Procedures Act and have their own procedures and statutes. A person that refuses to take the breathalizer or other chemical test, can have her or his driver's license taken immediately by the arresting officer. Your license is then submitted to the state Department of Motor Vehicles along with the arresting officer's report. This report includes all of the details relevant to the DUI stop and arrest (including a refusal to take the chemical test, etc...). The arresting officer's report (in most states) must be "sworn" or at least certified. The officer's filed documents by must be in proper form (and a good lawyer will make sure this has been done properly) and if a person refused to take the chemical or breath test, the form suspending the license should have that noted and follow procedure to have the report filed with the appropriate administrative agency (DMV, etc...). If you have any questions or want a free consultation, call our New York DUI lawyer helpline 877-529-6399 or
contact us.
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