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What Factors Affect Whether a Police Officer Will Hold a DWI/DUI Suspect Overnight Or Release Them with a Desk Appearance Ticket to Appear in Court?

DUI CharageWhen a motorist is pulled over by a New York law enforcement official on suspicion of Driving While Intoxicated (DWI) or Driving While Ability Impaired by Drugs (DUI), there are various factors that will determine whether a suspect will be detained overnight for arraignment the following morning, or in the alternative, issued a desk appearance ticket to appear for arraignment at a different time.

One factor that will be used is whether there are any aggravating factors surrounding the incident. The most important one is whether there is a motor vehicle accident that resulted in any type of personal injury or death. Under such conditions, given the gravity of the factors involved, an officer would be likely to detain a motorist (assuming there is probable cause of DWI/DUI) overnight for a speedy arraignment the following morning, or if early enough, later that night.

If there are no aggravating circumstances involved with the DWI/DUI charge, an officer may be apt to release the motorist to a third party if they are able to phone a responsible individual (family member, close friend) or if there was a passenger in the vehicle who is sober.

Clearly if a motorist resists arrest or is otherwise belligerent with the officer in their conducting of the investigation, such actions would weigh heavily on whether the officer will hold a suspect overnight or release them with a desk appearance ticket.

If you are facing a DWI in any court on Long Island, please contact an experienced Long Island DWI attorney at the Law Offices of Michael W. Alpert by calling 516-280-7288 or contact us via email.