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New York DWI Lawyer

March 21, 2024 Uncategorized

New York DWI Lawyer – Your Guide to DWI Defense in New York

Getting arrested for DWI or DUI is scary. The legal system is complicated, and the consequences are serious. You need an experienced New York DWI lawyer on your side. This article explains DWI laws in New York, potential penalties, and legal defenses. We want to help you make smart choices if you face drunk driving charges.

New York’s DWI Laws

In New York, it’s illegal to drive with a blood alcohol content (BAC) of 0.08% or higher. This is called Driving While Intoxicated (DWI). For commercial drivers, the limit is 0.04% BAC. If your BAC is 0.18% or higher, you’ll face more serious “Aggravated DWI” charges[3].

Police can stop drivers for moving violations or reasonable suspicion of DWI. They’ll ask you to take a breathalyzer or blood test. Refusing tests leads to severe penalties. There are also “common law DWI” charges based on officer testimony about impairment, even without BAC evidence.

A DWI conviction stays on your record for 10 years. New York has tough penalties even for first offenses. But an experienced DWI lawyer can often get charges reduced or dismissed. Let’s look at potential penalties and defenses.

Penalties for DWI Conviction in New York

Here are potential fines and jail time for DWI in New York[6]:

  • First offense – Up to $500 fine and up to 15 days in jail
  • Second offense (within 10 years) – Up to $1,000 fine and up to 30 days in jail
  • Third offense (within 10 years) – Up to $2,500 fine and up to 180 days in jail

Your license will also be suspended for 90 days or more. You’ll need an ignition interlock device to drive again. And you’ll have to complete alcohol screening and treatment programs.

Penalties get harsher if your BAC was very high or if someone was injured. Felony DWI charges are possible for repeat offenses or aggravated circumstances.

Common DWI Defenses in New York

An experienced New York DWI lawyer can challenge the prosecutor’s evidence in these ways:

  • Invalid traffic stop – If police lacked reasonable suspicion for the stop, evidence may be excluded[1].
  • Faulty breath test – Machines must be properly calibrated and administered.
  • No probable cause for arrest – Police must have sufficient reason to suspect DWI.
  • Medication side effects – Some meds like cough syrup can cause impairment.

An attorney can also negotiate plea deals for reduced charges like reckless driving. DWI laws are complex, so fight back with an experienced lawyer.

Choosing the Best DWI Lawyer in New York

DWI charges are scary. Your future is on the line. So what should you look for in a New York DWI attorney? Here are important questions to ask:

  • Do they specialize in DWI defense? Look for extensive experience.
  • What is their track record of case results? Ask for past examples.
  • Will they defend you aggressively in court? Some lawyers just plead out.
  • Do they know the local courts and prosecutors? Relationships matter.
  • Are they respected by judges and peers? Check their reputation.
  • Do you feel comfortable with them? Trust your gut.

Also look for affordable rates and payment plans. Quality representation shouldn’t break the bank.

Get Help from a NY DWI Lawyer Today

DWI charges turn lives upside down. But skilled defense lawyers fight to get charges reduced or dismissed every day. Don’t go it alone against the complex legal system. Talk to an experienced New York DWI attorney right away for trusted advice and a strong defense. There are options to avoid harsh penalties. With an attorney’s help, you can move forward and put this behind you.

Sources:

  1. https://www.newyorkdwilawyerblog.com/2023/02/new-york-court-denies-an-untimely-motion-to-suppress-evidence-in-recent-dwi-case.html
  2. https://arrestedinny.com/new-york-city-dwi-lawyer/
  3. https://stengellaw.com/dwi-lawyer-nyc/
  4. https://www.new-york-lawyers.org/new-york-dwi-dui-crimes.html
  5. https://www.barketepstein.com/new-york-dwi-lawyer/
  6. https://traffictickets.com/new-york/criminal-charges/dui-and-dwi/

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

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