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NYC DWI Lawyers
Being taken into custody by police is not a pleasant experience. It can throw you into a state of shock and panic. If you have been arrested and charged with DWI, that is driving while intoxicated, you are in serious trouble. Under the state law of New York, you must have a blood alcohol level of .08 or higher and be positioned behind the wheel of a car to be convicted. Police and prosecutors must prove their case. And if they have arrested you for this crime, they will stop at nothing to do so.
Your first move after the arrest must be to contact a lawyer. The law offices of Stephen Bilkis & Associates have extensive experience and expertise in handling such cases.
There is a difference between being charged with DWI and actually being guilty of it. The state must prove its case against you; and if you do not fall within the legal criteria of the offense, then you should not take the fall for it. Law enforcement officers have been known to be overzealous when it comes to DWI charges. You may have been stopped for some other reason and subjected to a battery of tests which the officer believed made you a danger to other drivers. In most instances, this is not enough to make the charges stick.
You must be robust and aggressive in your defense. The penalties for a DWI conviction can include a fine, the suspension of your license, and long incarceration. The factors used in determining your punishment include the amount of alcohol in your system and prior convictions for DWI. Beyond the judicial sentencing are the wider areas of your life that will be negatively impacted. You will have a criminal record. This can affect your chances for getting a job and even renting an apartment. Your name and reputation will also be tarnished, which can affect your opportunities for promotion in your current job.
This is not the kind of battle you want to wage on your own. You need expert advice and representation if you are to clear your name.
If you are guilty of the crime you have been charged with, if you made a poor choice and got behind the wheel of a car after a bit too much to drink, you still need representation. In such instances, it will be the aim of your lawyer to reduce the severity of the sentence you receive. The latter can be especially harsh if you have prior convictions for DWI. Penalties for a third DWI offense include 7 years in prison and a $10,000 fine.
No matter the particulars of your case, an attorney from Stephen Bilkis& Associates can reach out to the prosecutor and negotiate a deal that will keep your sentence to a minimum. If you have no prior convictions for DWI and no criminal record whatsoever, your attorney may be able to get you a light and lenient sentence. You want to do all that you can to prevent the matter from dragging out in court. To protect your position, status, and your family, you should work with your attorney to cut a deal that sees that justice is done but protects you from disgrace and ruin.
When you are arrested for DWI, it may seem like all is lost. The most important thing you can do in such a situation is to keep a cool head. Your attorney will know how to handle the case and the authorities, so that you are treated fairly and justly. That is the best you can hope for.
NYC DWAI Lawyers
Driving While Ability Impaired and Driving Under the Influence are both terms which describe the operation of a vehicle while influenced by illicit drugs or prescription medications. The state of New York has DWAI cases which are defined by the driver’s level of impairment. A driver whose BAC is between .04 and .07, or who shows ample evidence of mental or physical impairment, might be charged with a DWAI.
A DWAI is considered a violation of law under the state penal code. If you’ve been charged with this offense, you need to contact a skilled New York lawyer as soon as possible. Spodek Law Group has been representing clients in criminal cases since 1976.
The first DWAI offense carries potential penalties of fines ranging from $500 to $1000, up to one year in jail, and a six month loss of license. The second offense within a decade increases the fine from $1,000 to $5,000. The jail term might also lengthen up to four years. A third offense might result in a $10,000 fine, a seven year prison sentence, and permanent revocation of your license. When you’ve been convicted of a previous DUI within the last decade, you might face a felony DUI charge, which has additional penalties and fines.
Three types of sobriety test can be performed on a person who is suspected of a DWAI: a chemical test, a screening test, and a field sobriety test. Field sobriety tests tend to include reverse alphabet recital, walk and turns, one-leg stand, and the finger-to-nose touch. These tests are a way of ascertaining the mental capacity and physical coordination of the individual who is operating the vehicle. Meanwhile, screening tests are breath tests which are portable and used to check whether a driver has alcohol in their system or not. Chemical tests determine a person’s blood alcohol percentage and require administration within the two hour period following the arrest.
Breath testing machines such as intoxilyzers and breathalyzers can measure the blood alcohol content of a person. Officers commonly use these as testing methods rather than administering a blood test. With that said, it’s possible for a false reading to occur. Cough syrup, breath sprays, and mouth washes might produce a false reading. A varying body temperature is also liable to affect the reading. Because breath tests have a certain level of unreliability, the state of New York will occasionally throw out a breath testing result.
Most cases involve your employer being informed about your DWAI charge, which can impact your professional career tremendously or cause you to lose your job entirely. A lawyer might be able to help you avoid termination in the workplace or suspension of your license. You may be eligible for a provisional license, which allows you to drive to and from work while the suspension is active. A lawyer might also be able to help you avoid conviction even if you have been charged with a DWAI.
criminal charges for DWAI are variable, and it’s important that you contact an attorney who can make sure that all the proper procedures were followed by law enforcement.