From the roadside to the station
After an arrest, you are typically taken to a station or a testing location, where an officer may ask you to give a breath sample on an evidentiary instrument or, in some situations, to provide blood. You may be read warnings about the consequences of refusing. Booking usually follows, with fingerprints and photographs. Depending on the circumstances, you may be released with a date to appear in court or held until you see a judge. In New York, the time between arrest and arraignment varies widely from county to county and even from night to night.
What to secure in the first day
If your car was towed, find out where it went and what the lot requires to release it, since storage fees often accumulate. Gather every paper you were given, including tickets, any test result, a refusal report, property receipts, and release documents. One of them may be a license notice with a deadline attached, and that deadline can be shorter than people assume. Make a note of anyone who was with you or saw the stop, but keep your account of the evening off social media and out of messages. If an insurer contacts you, keep the conversation to basic facts until you have spoken with a lawyer.
Before the first court date
The first appearance often comes quickly, and in New York your license may be addressed at that appearance. Having a lawyer involved beforehand lets someone review the paperwork, check whether a hearing must be requested, and prepare for any conditions the judge may set. Tell us about any prior arrests, your immigration status if you are not a citizen, and whether you hold a commercial license. Those facts affect how the case should be approached from the start. We also explain what the arrest does and does not mean, since an arrest is an accusation and not a conviction.
