Should You Fight a DUI Charge in New York?

By max@dotcomlawyermarketing.com
July 6, 2024
9 min read
48+ Years of Combined Experience
Featured in Netflix's Inventing Anna
Available 24/7 for Emergency Cases
Todd Spodek - Managing Partner

Schedule Your Free Consultation with Todd Spodek

Immediate Response Available • Attorney-Client Privilege • No Financial Obligation

100% Confidential • No Obligation

Time-Sensitive Legal Matters: Early intervention can significantly impact your case outcome. Schedule your consultation today.

Netflix Featured
10.0 Avvo Rating
700+ 5-Star Reviews
Super Lawyers
federal defense

Should You Fight a DUI Charge in New York?

If you've been charged with a DUI in New York, you're probably feeling overwhelmed and unsure of what to do next. At Spodek Law Group, we understand how stressful this situation can be. The good news is that you don't have to face it alone. Our experienced DUI defense attorneys are here to help you navigate the legal process and fight for the best possible outcome in your case.

Why You Should Consider Fighting Your DUI Charge

Many people assume that if they've been charged with a DUI, they have no choice but to plead guilty and accept the consequences. But that's simply not true. There are often many ways to challenge a DUI charge, and the potential benefits of fighting your case can be significant. Here's why you should seriously consider contesting your DUI charge:

Protect Your Driving Privileges

A DUI conviction in New York comes with mandatory license suspension or revocation. For a first offense, you're looking at a minimum 6-month suspension. Subsequent offenses carry even longer revocation periods. By fighting your charge, we may be able to help you keep your license and maintain your ability to drive legally.

Avoid Hefty Fines and Fees

DUI convictions in New York carry substantial fines and fees. Even for a first offense, you could be facing:
  • $500 to $1,000 in fines
  • $395 mandatory surcharge
  • $250 annual assessment fee for 3 years
That adds up to thousands of dollars out of your pocket. Successfully contesting your charge could save you from these financial penalties.

Prevent a Criminal Record

A DUI conviction results in a permanent criminal record that can haunt you for years to come. It can impact your ability to get a job, rent an apartment, obtain professional licenses, and more. By fighting your charge, we may be able to keep your record clean.

Avoid Jail Time

While jail time isn't mandatory for first offenses, it's still a possibility - up to 1 year for a misdemeanor DUI. For subsequent offenses, jail time becomes much more likely. Contesting your charge gives us the opportunity to negotiate for alternatives to incarceration.

Challenge Potentially Flawed Evidence

DUI cases often rely heavily on things like field sobriety tests and breathalyzer results. But these tests aren't always administered properly or accurately. We'll scrutinize all the evidence against you and look for ways to challenge its validity.

How We Can Help You Fight Your DUI Charge

At Spodek Law Group, we have extensive experience defending clients against DUI charges throughout New York. Here are some of the strategies we may employ to fight your case:

Challenging the Traffic Stop

We'll examine whether the police had probable cause to pull you over in the first place. If they didn't, we may be able to get evidence from the stop thrown out.

Questioning Field Sobriety Tests

Field sobriety tests are notoriously subjective and unreliable. We'll look at how the tests were administered and whether there were any factors that could have affected your performance unrelated to alcohol.

Scrutinizing Chemical Test Results

Breathalyzers and blood tests can be inaccurate if not properly calibrated or administered. We'll investigate whether proper procedures were followed and if there are grounds to challenge the results.

Negotiating with Prosecutors

In some cases, we may be able to negotiate with prosecutors to reduce charges or penalties. Our reputation and relationships in the legal community can be valuable assets here.

Preparing a Strong Defense for Trial

If your case goes to trial, we'll build the strongest possible defense strategy tailored to the specific circumstances of your case.

Why Choose Spodek Law Group for Your DUI Defense

When you're facing DUI charges in New York, you need an experienced, aggressive defense team on your side. Here's why Spodek Law Group should be your choice:
  • Extensive DUI Defense Experience: We've successfully defended countless clients against DUI charges throughout New York.
  • Comprehensive Knowledge of NY DUI Laws: We stay up-to-date on all the latest developments in New York DUI law to provide you with the best possible defense.
  • Aggressive Advocacy: We fight tirelessly for our clients, leaving no stone unturned in building your defense.
  • Personalized Attention: We treat every client as an individual, tailoring our approach to your unique situation.
  • Available 24/7: We know DUI arrests don't just happen during business hours. That's why we're available around the clock to assist you.
Don't face your DUI charge alone. Contact Spodek Law Group today at 212-300-5196 for a free consultation. Let us put our experience and expertise to work fighting for you.

Understanding New York DUI Laws

To effectively fight your DUI charge, it's important to understand the laws you're up against. Here's a quick overview of New York's DUI laws:

Types of DUI Charges in New York

New York has several different types of alcohol and drug-related driving offenses:
Offense Description BAC Level
Driving While Ability Impaired (DWAI) Least serious alcohol-related offense .05% to .07%
Driving While Intoxicated (DWI) Standard drunk driving charge .08% or higher
Aggravated DWI More serious charge for high BAC .18% or higher
DWAI-Drugs Driving while impaired by drugs N/A
DWAI-Combination Impaired by combination of alcohol and drugs N/A

Penalties for DUI Offenses

The penalties for a DUI conviction in New York can be severe, even for first-time offenders. Here's a general overview:
Offense Fine Jail Time License Suspension
DWAI (1st offense) $300 - $500 Up to 15 days 90 days
DWI (1st offense) $500 - $1,000 Up to 1 year 6 months minimum
Aggravated DWI (1st offense) $1,000 - $2,500 Up to 1 year 1 year minimum
Remember, these are just the baseline penalties. Factors like prior offenses, accidents, or injuries can lead to even harsher consequences.

The Importance of Acting Quickly

If you've been charged with a DUI in New York, time is of the essence. Here's why it's crucial to contact us as soon as possible:
  1. Preserve Evidence: Important evidence in your case may disappear or degrade over time. The sooner we start working on your case, the better chance we have of preserving crucial evidence.
  2. Protect Your License: You only have a limited time to request a DMV hearing to protect your driving privileges. If you miss this deadline, your license could be automatically suspended.
  3. Build a Stronger Defense: The more time we have to prepare your defense, the stronger it will be. Early intervention allows us to conduct a thorough investigation and explore all possible defense strategies.
  4. Reduce Stress: The uncertainty of facing DUI charges can be incredibly stressful. The sooner you have an experienced attorney on your side, the sooner you can start feeling more confident about your situation.
Don't wait to get the legal help you need. Contact Spodek Law Group today at 212-300-5196 for a free consultation. We're ready to start fighting for you immediately.

Potential Defenses Against DUI Charges

Every DUI case is unique, and the best defense strategy will depend on the specific circumstances of your case. However, here are some common defenses we may explore:

Challenging the Traffic Stop

Police must have reasonable suspicion to pull you over. If they didn't, we may be able to argue that the stop was illegal and any evidence obtained as a result should be thrown out.

Questioning Field Sobriety Tests

Field sobriety tests are often unreliable. Factors like physical conditions, weather, and even nervousness can affect performance. We'll scrutinize how these tests were conducted in your case.

Disputing Breathalyzer Results

Breathalyzer machines can give inaccurate results if they're not properly calibrated or maintained. We'll investigate whether the device used in your case was functioning correctly.

Rising Blood Alcohol Defense

Your blood alcohol concentration (BAC) continues to rise for a period after you stop drinking. We may be able to argue that your BAC was below the legal limit while you were driving, even if it was over the limit when tested later.

Medical Conditions

Certain medical conditions can mimic signs of intoxication or affect breathalyzer results. If applicable, we'll explore whether any medical issues could have played a role in your case.

Improper Police Procedures

If police didn't follow proper procedures during your arrest or testing, it could provide grounds to challenge the charges against you.Remember, these are just a few potential defenses. Our experienced attorneys will thoroughly review your case to identify the most effective defense strategies for your situation.

The Spodek Law Group Difference

When you choose Spodek Law Group to defend you against DUI charges, you're not just getting a lawyer - you're getting a team of dedicated legal professionals committed to fighting for your rights. Here's what sets us apart:
  • Proven Track Record: We've successfully defended numerous clients against DUI charges, often achieving dismissals, reduced charges, or favorable plea bargains.
  • Personalized Attention: We understand that every case is unique. That's why we take the time to really listen to you and understand your specific situation.
  • Aggressive Advocacy: We're not afraid to go toe-to-toe with prosecutors to protect your rights and fight for the best possible outcome in your case.
  • Comprehensive Approach: We don't just focus on the legal aspects of your case. We also help you navigate the practical implications of a DUI charge, from dealing with the DMV to addressing any professional licensing issues.
  • Clear Communication: We believe in keeping our clients informed every step of the way. You'll always know what's happening with your case and what to expect next.
Don't let a DUI charge derail your life. With Spodek Law Group on your side, you'll have a powerful ally fighting to protect your rights, your freedom, and your future.Ready to start fighting your DUI charge? Contact us today at 212-300-5196 for a free consultation. Let's work together to build a strong defense and pursue the best possible outcome for your case.

Share This Article:

Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

48+ Years Experience
Netflix Featured
10.0 Avvo Rating

Don't Navigate Your Legal Challenges Alone

Our experienced attorneys are here to guide you through every step of your case

Available 24/7 • Free Case Evaluation • No Obligation

FEATURED IN MAJOR MEDIA

Todd Spodek • Legal Expert • Media Commentator

New York Post
Newsweek
CNN
The Cut
The Spectator
Business Insider
TIME
Netflix

SPODEK LAW GROUP

TREATING YOU LIKE FAMILY SINCE 1976

HOW CAN WE HELP YOU?

24/7 Free Consultation • No Obligation Case Review

*
*
*
*
*

* required fields