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New York DWI Attorney

New York DWI Law

New York law makes it a crime for anyone to drive a motor vehicle under the influence of alcohol or drugs. This means that anyone who is arrested for and convicted of this type of offense can face serious criminal penalties as well as the loss of New York driving privileges. Because these penalties have the potential to seriously impact your quality of life in New York, it is important that you take advantage of the opportunity to consult with a qualified New York DUI law attorney. Having a skilled New York DUI lawyer on your team can help you to defend yourself against these serious DWI charges and may help you to save your driving privileges so you can move on with your life.

New York DUI Arrests

There are several circumstances under which you may be arrested for DWI. One is if you have dangerous driving patterns that pose a threat to others and you are stopped by a law enforcement official. Another way to be arrested for DUI is if you cause an accident and the officer believes alcohol was a factor in the accident. No matter why you were arrested for DWI, you will be facing serious criminal and administrative penalties. New York is one of the states where a DWI arrest will trigger two separate cases against you as a defendant. One is a criminal court case where you will face criminal charges for driving while intoxicated and a prosecutor will try to prove your guilt. The second is an administrative case that deals with the loss of your driving privileges in the state of New York. When you are arrested for a DWI offense, you can be prosecuted under one of two prosecution theories. One of the theories involves the common law definition of driving under the influence. In this type of case, the prosecutor will try to show that you were too impaired to drive because you consumed alcohol prior to operating your vehicle. The prosecutor will try to show that you were impaired by introducing evidence such as your driving habits, field sobriety test results, and information whether you appeared to be intoxicated. DWI charges can also result from submitting to chemical testing and producing a result of 0.08% or greater. In this type of case, the charges do not have to do with your ability to safely operate the vehicle. Even if you do not appear impaired at the time of your arrest, you can be charged with DWI if your chemical test reveals a failing result.

Hiring a qualified New York DUI attorney can help you in both types of cases. New York is unique because the law allows someone arrested for DWI to consult with a New York DUI attorney before making a decision about whether to submit to or refuse chemical testing. Having a skilled New York DUI lawyer on your side can help you to defend yourself against DWI charges as successfully as possible. If aggravating factors exist in your DWI case, you can be charged with a more severe offense and face harsher criminal penalties. A DWI case can be aggravated for several reasons including having a BAC of 0.15% or greater, causing a traffic accident, fleeing the scene of a DWI accident, or refusing to submit to chemical testing.

DWI Criminal Penalties in New York

The penalties you face if convicted of a DWI will depend on how the DWI was charged and whether you have any prior convictions on your record. You can be charged with a misdemeanor or a felony depending on the circumstances. A first offense DWI in New York is charged as a misdemeanor. You will be charged with a felony DWI if you have a prior conviction within ten years of your arrest. Driving while impaired by alcohol is not a criminal offense in New York. It is considered a traffic infraction, so you will not get a criminal record if arrested for this offense. The penalties for a first offense for driving while impaired by alcohol are fines of $300 to $500 and up to 15 days in jail. However, having two or more prior convictions changes the offense to a misdemeanor criminal offense. The penalties are a fine of $750 to $1,500 and up to 180 days in jail. If there are no prior convictions, you will face a 90 day license suspension. If you have had a prior conviction, the suspension period is six months. Driving while intoxicated is the charge that is commonly filed when someone is arrested for DWI. This is a misdemeanor offense and will result in giving you a criminal record if convicted. The penalties can include fines of $500 to $1,000, license revocation of 6 months, and no more than one year in prison. A felony DUI offense is charged when someone has been convicted of a misdemeanor DWI. The penalties for this offense increase to a minimum fine of $1,000 and a maximum of $5,000. You may face jail time of 1.3 to 4 years and probation of 5 years. Because the penalties for a misdemeanor DWI and a felony DWI are so severe, they can result in a lower quality if life and negative impact on your previously good reputation. Because this can change your whole life, it is imperative that you work with a New York DUI attorney so you have the best chance of obtaining a successful outcome during your case.

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