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New York DWI Attorney: Protect Your Rights
On average, over 90,000 DWI related arrests are made in New York State every year! It can happen to almost anyone and can result in significant fines, dramatically increased insurance rates, loss of driving privileges and, sometimes, even a jail or prison sentence. As a former prosecutor, I can tell you that these offenses are taken very seriously by prosecutors and judges, and in some cases the penalties can be more severe than those imposed for violent crimes.
This is why anyone charged with a DWI offense needs aggressive representation by an experienced DWI attorney who understands the process, the participants, and the penalties associated with DWI offenses. As every DWI case is unique, effective representation requires an individualized approach, specially tailored to the case. In some instances, this means negotiating the best possible “plea agreement” with the District Attorney’s office. In others, it means fighting the charges at trial. Whatever the situation, an attorney who is experienced in DWI defense will get you through the process and get you out of court as expertly and efficiently as possible.
What is Driving While Intoxicated?
Driving While Intoxicated (DWI) laws in New York have become increasingly strict in recent years. In January of 2007, a new law created the offense of Aggravated DWI, a category of DWI with stricter penalties and new plea bargaining restrictions. After one DWI or DWAI conviction, your next DWI or DWAI may be charged as a felony, with a potential state prison sentence upon conviction.
DWI with a minor in the car in NY
In 2009, Leandra’s Law (Child Passenger Protection Act) became a New York State law making it an automatic felony on the first offense to drive intoxicated or impaired by a drug with a person age 15 or younger inside the vehicle. The law also requires anyone convicted of DWI as a misdemeanor or felony to install and maintain an ignition interlock device for a minimum of six months following sentence. As a former prosecutor and practicing defense attorney, Kristine has handled hundreds of felony and misdemeanor DWI and DWAI matters and is very knowledgeable with legal defenses and mitigating factors.
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DWI ticket from a Traffic Stop
In New York State there are a variety of possible DWI related vehicle offenses. Which offense is charged is determined by the arresting officer’s assessment of the traffic stop, which may include admissions made by the driver, the officer’s observations of the driver at the scene, whether or not the driver submitted to a chemical test of his or her breath, blood or urine, the driver’s performance on roadside sobriety tests, and whether or not the driver has had previous convictions for alcohol or drugged driving related motor vehicle offenses.
License suspended for DWI
Once you are arraigned before a judge on your DWI charge, your license will be suspended pending prosecution if your alleged BAC is .08 or above. If the police claim you refused a chemical test, your license will be suspended immediately at arraignment, although you are entitled to a refusal hearing. Recently enacted legislation has increased the penalty for a refusal to a one year license revocation, although you may be entitled to a conditional license depending upon your specific case.
Fighting a DWI and DUI in Rockland County New York
There are certainly many ways to fight a DWI case. DWI is a criminal matter in New York, which entitles you to a trial by jury. If there is a single item that can be said to be critical in the trial of an alcohol or drug related driving offense, it is the cross-examination of the arresting officer. Good cross examination of the arresting officer begins far in advance of a trial. It originates with the filing of discovery demands and pre-trial motions. A key focus of these applications must be a request for a hearing to determine the existence of reasonable suspicion for the stop, probable cause for the arrest, as well as the voluntariness of statements allegedly made. An experienced DWI attorney will preserve your rights from the very beginning of your case and ensure those rights are protected throughout each and every stage of the proceeding.
Can you be incarcerated for a DWI?
The consequences of DWI or DWAI convictions are quite severe. These can include incarceration, probation, mandatory court fines and surcharges, driver’s license suspension or revocation, alcohol or drug related treatment, attendance at a victim impact panel, increased insurance rates, and a mandatory driver assessment fee of $250 to New York for three years, and the installation of an interlock device that requires a breathalyzer test before driving.
