New York DWI Lawyer
Facing DWI charges in NYC can be frightening and confusing–beginning with the terminology. New York jurisprudence refers to Driving While Intoxicated ( DWI ), but the name of the crime varies from express to country, so you ’ ve credibly heard the terms DUI ( Driving Under the Influence ), OUI ( Operating Under the Influence ) and OWI ( Operating While Intoxicated ) ampere well. Don ’ metric ton worry. As NYC DWI Lawyers, are here to help you understand the charges, the possible penalties for DWI or DWAI in New York, and the defenses available to you . Andrew M. Stengel is trained the like room as police to perform DWI Standardized Field Sobriety Tests. The beginning thing you should know is that there are respective different charges associated with driving under the influence of drugs or alcohol.
DWI Attorney NYC – The Law Firm of Andrew M. Stengel
One important consideration when hiring a DWI or DWI Drugs lawyer is the type of training the lawyer has. Police get specialized coach for DWIs including Standardized Filed Sobriety Tests ( SFSTs ) and Advanced Roadside Impaired Driving Enforcement ( ARIDE ). The best DWI and DWI Drugs lawyers in New York besides have this coach, which gives people facing pursuance a frightful advantage . There are a few different ways a driver can be charged with misdemeanor Driving While Intoxicated by alcohol in the state of New York. I hired Andrew to defend me against a DWI charge in New York City. There is no better DWI lawyer in New York. I refused a breathalyzer and ascribable to his workplace he got the case wholly dismissed. I don ’ metric ton mean an ACD—I entail dismissed in court. Andrew is aggressive, experienced and knowledgeable. He went above and beyond and saved me from a criminal conviction. I give Andrew my highest recommendation. — Joel M., Client Testimonial on ThumbTack
Chemical Test Failure / Per Se Intoxication
The first base and most straightforward is that the driver is charged with operating a drive vehicle with a blood alcohol content ( BAC ) of .08 percentage or higher. This is much referred to as a “ per se ” DWI and is defined in Vehicle and Traffic Law incision 1192 ( 2 ). Note that while .08 is often referred to as the legal restrict, the legal limit is actually below .08 percentage. At .08 ( and above ), the driver is violating the law. A case involving a chemical or rake test result of .08 percentage or greater may seem open and close, and the prosecution will typically view that test result as strong testify. But, there are a count of possible ways to challenge a chemical test resultant role at trial. Failing a breathalyzer test does not necessarily mean a conviction !
DWI Without a Chemical Test Result / Common Law Intoxication
When a driver refuses the breathalyzer quiz, the country may placid pursue a charge of park law poisoning, which is defined in Vehicle and Traffic Law section 1192 ( 3 ). It is illegitimate in the state of New York to “ operate a motor fomite while in an elate condition. ” obviously, “ in an intoxicated condition ” is not about ampere net as “ BAC of .08 percentage or greater. ” That means, depending on the attest, it is generally more difficult for the pursuance to meet its burden of proving guilt beyond a reasonable doubt. however, drivers can be convicted of Driving While Intoxicated without a chemical trial result. Some of the most park attest used by prosecutors in DWI cases with no breathalyzer test result include :
- Performance of coordination tests for DWIs in New York, which are videotaped in New York City
- Performance of standardized field sobriety tests, which are more often performed by police outside of New York City
- Observations of the officer, including
- Watery and/or bloodshot eyes
- Slurred speech
- Unsteadiness on feet
- Odor of an alcoholic beverage
If you ’ ve been charged with DWI and didn ’ deoxythymidine monophosphate present to a breathalyzer or blood test, speak to a temper condemnable defense mechanism lawyer nowadays to learn more about the possible weaknesses in your case. Contact Us
When do you need a lawyer when facing a DWI Charge in New York?
Read more about your rights to a DWI defense lawyer in NYC, and the time of hiring a New York Lawyer to defend you in your DWI character .
DWI Penalties in New York
Most first-offense DWI cases are misdemeanors, meaning that the maximum possible send punishment includes :
- Up to 1 year in jail
- A fine of up to $1,000
- 6-month driver’s license revocation
- Up to 3 years’ probation
There are extra costs and consequences associated with a DWI conviction. For case, you can expect :
- A court surcharge of $395 (or $400 if in a Town or Village Court)
- A driver responsibility assessment of $250 per year for 3 years
- Required installation of an ignition interlock device on any car owned or operated by the person who was convicted for at least 6 months.As a practical matter, however, the typical first-time DWI offender with little or no criminal history is not sentenced to jail time in New York. In many instances, even a second-time offender may escape jail time.
If you ’ re facing DWI charges, there ’ s a distribute on the line. Don ’ thymine attempt to handle it alone— contact us nowadays and get the serve you need .
Indirect Consequences of a DWI Conviction
A Driving While Intoxicated conviction, which results in a criminal criminal record, will have consequences beyond the penalties and restrictions imposed by the legal system. For example, the conviction may impact eligibility for certain employment and license .
Impaired Driving in New York: DWAI
New York does have a non-criminal alcohol-related drive umbrage, which is called Driving While Ability Impaired or DWAI in New York. The charge is found under Vehicle and Traffic Law section 1192 ( 1 ). DWAI is a traffic misdemeanor, it is not a crime. ( Whereas, Driving While Ability Impaired By Drugs or DWAI By Drugs is a crime in New York. DWAI is defined in the police as operating a centrifugal vehicle “ while the person ’ mho ability to operate such motor fomite is impaired by the consumption of alcohol. ” A chemical test leave of a BAC of less than .08 % and more than .05 % may result in a DWAI mission .
Possible Plea Bargain to DWAI
In some arrests and prosecutions for DWI in New York, it is possible to obtain a supplication bargain offer to DWAI. Each District Attorney in New York ’ s 62 counties has their own policies. generally speaking, it may be possible for a defense lawyer to obtain a plea bargain to DWAI when DWI is charged if a hint test was .13 % BAC or lower and the wasn ’ t an automobile crash related to the halt. however, every shell is different. talk to an lawyer in our office to find out whether you ’ re likely to qualify for a reduction from DWI to a non-criminal DWAI. Learn More
Aggravated DWI in New York
If the driver ’ south BAC is .18 % or higher, the cathexis will be Aggravated DWI—even if the defendant has no condemnable history. Aggravated DWI, Vehicle and Traffic Law section 1192 ( 2-a ), broadly carries more serious penalties than a straight Driving While Intoxicated charge, but it is still only a misdemeanor. That means that the utmost term of imprisonment remains one class. The chief remainder in penalties is that an aggravated DWI conviction may result in :
- A fine of $1,000 to $2,500
- A minimum 1-year driver’s license suspension, with the possibility of a suspension for a second year
- Required installation of an ignition interlock device on any car owned or operated by the person who was convicted for at least 6 months.
An exacerbate DWI conviction is expensive and restrictive. If you ’ ve been charged with worsen DWI, don ’ triiodothyronine delay–contact us today. Get in Touch
Felony DWI in New York
Driving with an extremely high BAC international relations and security network ’ metric ton in and of itself a felony in the state of New York. however, there are certain circumstances under which a person accused of Driving While Intoxicated will be charged with a course E felony. The most coarse admit :
- When the driver has a prior DWI conviction in any state within the previous ten years
- When the driver has a passenger who is 15 year old or less
The penalties for conviction of felony DWI may include :
- Up to 4 years in state prison
- A fine of between $1,000 and $5,000
- A court surcharge of $250
- A driver responsibility assessment of $250 per year for three years
- Probation for up to 5 years
- License revocation for one year, which may be extended by the court
- Mandated use of an ignition interlock device or at least 6 months
You can not afford to gamble. If you ’ ra confront aggravated DWI charges in New York, get avail right now. Contact Us