DWI Lawyers in New York, ny
Relentless dui defense attorneys in New York and Long Island
If you are facing a DUI charge in New York, it's important to know that you have the right to a lawyer and an opportunity to defend yourself.
A skilled DWI defense lawyer at Raiser & Kenniff can build a strong case on your behalf and help protect your rights throughout the entire legal process. Not only can they assess the evidence against you and take steps to ensure that authorities followed procedural laws properly, but they are also equipped with experience and knowledge to identify loopholes and weaknesses in the prosecution’s argument.
Having a knowledgeable NYC DUI defense attorney by your side increases the chances of mitigating potential penalties or having charges dropped altogether, so it is essential that those accused of driving under the influence consult with one.
Ready to start working on your DWI/DUI defense? Call us today at 888-646-0025.
At what Blood Alcohol Concentration (BAC) level can one be charged with a DWI in New York?
In New York, an individual can be charged with Driving While Intoxicated (DWI) if their Blood Alcohol Concentration (BAC) is 0.08% or higher. For drivers of commercial vehicles, the limit is lower at 0.04%.
What are the New York DUI Charges?
If you are accused of driving under the influence in New York, you will be charged with one of three statutes under the New York Vehicle & Traffic Law 1192.
- VTL 1192(1): Violation of this law is a traffic infraction. However, the consequences are still serious. You could have to pay twice as much for your car insurance over the next ten years. Furthermore, you will be unable to rent a vehicle for three years and will be barred from entering Canada.
- VTL 1192(2): Those who have a blood alcohol content (BAC) of at least 0.08% while operating a motor vehicle will be charged with a DWI under this statue. This charge is based on the results of your chemical tests, so you could be driving in a normal pattern and pass a sobriety test and still be charged with a DWI under VTL 1192(2).
- VTL 1192(3): This relates to an individual who operates a vehicle during a period when they are significantly impaired by alcohol.
In New York, there are certain factors that make up a DWI charge. A prosecutor must prove the accused was driving or operating a motor vehicle on a public highway while intoxicated or impaired. When a prosecutor is unable to prove all of these elements beyond a reasonable doubt, the accused will not be found guilty.
Call our NYC DWI/DUI Defense Lawyers TODAY AT 888-646-0025.
New York law requires that all DUI arrests result in a court ordered alcohol screening and a suspended license. The penalties of a DUI will vary based on several circumstances such as previous DUI arrests and convictions. Moreover, those arrested for a DUI could also be subject to fines and may have to enter the New York Drinking and Driving Program.
Each arrest is unique and the penalties will be based on the circumstances surrounding your case.
A first time offender will typically be sentenced differently than those being charged with a second or third offense. When you have your license reinstated, you may have to keep an ignition interlock device in your vehicle, which will require that you breath into the alcohol testing device before the vehicle will start.
New York BWI Laws
The New York Navigation Laws §49-A and B states that no person shall operate a vessel while intoxicated. That includes drugs as well as alcohol. Under the influence is having a blood alcohol content of .10 percent while operating a recreational vessel. It includes .04 percent for a public one.
If you are detained, the officers will request that you consent to having your breath analyzed. They might also check urine, blood or saliva to learn the blood alcohol level. The result of that test can lead you to be arrested for a BWI or BUI.
Charged with a BUI or BWI
If you’ve been in an accident, the police might have reasonable cause to arrest you if they suspect you’re under the influence. They’ll ask you to submit to a breath test to determine whether you’ve had too much to drink. While you can refuse, that might cause the officer to immediately revoke your ability to drive your boat. It will be written in the report that you refused to have your breath tested. When your right to operate your boat has been revoked, you’re entitled to a hearing.
During the hearing, there are certain issues that will be addressed.
- Did the police have reasonable cause to believe you were driving under the influence?
- Did the police make a lawful arrest?
- Were you given warning about the results of a refusal?
- Did you still refuse to submit to testing?
Penalties of a BUI Conviction
Conviction of a BUI or BWI means that you could spend up to 90 days in the county jail. You might be fined between $350 and $500. In some cases, both of those punishments could take place.
If this is not your first offense, and it’s happened in the last 10 years, you might be convicted of a misdemeanor, which can lead to up to a year in jail or a fine between $500 to $1,500. In some cases, both outcomes are possible.
Along with possible jail time and fines, your license will be suspended for 6 months. If this is not your first offense in the past 10 years, you could lose your ability to operate a vessel for 24 months.
Possible Penalties for an Underage DWI in New York
The good news is that as someone younger than 21, you aren't facing criminal charges if this is a DUI charge for having a blood alcohol concentration of .02% but under .08%. Of course, losing your driver's license for months at a time can still cause issues in your personal life, and you would still have to pay civil penalties.
However, if an underage driver has a BAC that would be high enough to get a DWI charge as an adult, that is, a BAC above .08%, then you could face the same misdemeanor or felony penalties that an adult would.
For a first-time underage DWI with a BAC above .08%, you could face:
- Up to a year in jail
- Up to $1,000 in fines
- 6 months of driver's license revocation
- An ignition interlock device
For a second or third underage DWI conviction, you could be looking at up to:
- 4 to 7 years in prison
- $5,000 to $10,000 in fines
- 1 year, 5 years, or perhaps longer driver's license revocation
- Ignition interlock device
It may be possible to negotiate a prison sentence to one of community service instead, but that would require the tireless work of a skilled defense lawyer.
Felony DWI Penalties
If you have a prior Aggravated DWI within the past 10 years, then a second Aggravated-DWI charge would be a Class E felony.
This type of drunk driving charge is punishable by:
- Up to 4 years in prison
- Up to $5,000 in fines
- 18 months of driver's license revocation
If this is your first Aggravated-DWI charge, but you had a child passenger in your vehicle, then you could also be charged with a Class E felony.
For a third Aggravated-DWI in 10 years, you could face the penalties for a Class D felony:
- Up to 7 years in prison
- Up to $10,000 in fines
- Possibly a permanent license revocation
You may also be required to install an ignition interlock device (IID) on your vehicle, and you may also be required to go through alcohol or drug abuse treatment as well as a victim impact program.
Multiple DWI Penalties
For a second DWAI, you could be looking at up to 30 days in jail, hundreds of dollars in fines, and six months of license revocation—but only if these convictions are for driving while ability impaired, a DWAI. If you're convicted of a subsequent DWI, driving while intoxicated, charge, then you're looking at felony DUI charges.
If you have a prior DWI, drug-DWAI, or combination-DWAI conviction, then a second or third DWI conviction could mean:
- Up to 4 or 7 years in prison
- Fines of up to $5,000 or $10,000
- Community service
- 1 to 5 years of license revocation (or permanent revocation for a third conviction within four years)
- Ignition interlock device installation
Sentencing for a multiple DUI conviction could also include undergoing treatment programs, attending a victim impact panel, and three years of additional fines.
When you are facing a DUI conviction, a skilled attorney has the capability to file a number of motions prior to your trial. These motions are critical because they can help a defense attorney examine all the evidence surrounding the case. There have been times when a police officer did not have probable cause to stop a driver, so a DWI attorney could argue the arrest was made illegally. In addition, blood alcohol samples are delicate and can produce false readings if handled incorrectly. A skilled attorney can locate this information and use it in court for your defense.
Aside from costly fines and a suspended license, a DWI charge can also have other consequences. If you are convicted, then you could have a criminal record that prevents you obtaining employment, receiving federal funding for educational loans, and more. The importance of a knowledgeable attorney is vital when you are facing a DWI conviction. If you are in New York City, Nassau County, or Suffolk County, the legal team at Raiser & Kenniff can help. The founders of the firm have over 100 years of combined experience and were both former prosecutors.
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