Defending Clients Charged With Driving While Intoxicated in New York
Those charged with the criminal offense of driving while intoxicated (DWI) or driving under the influence (DUI) of drugs or alcohol can face heavy penalties that can forever alter their life. New York state typically refers to this offense as DWI. The drunk driver could substantially impact other drivers if an accident were to take place, which is why it is essential to retain the legal assistance of our firm. The New York Department of Motor Vehicles explains the severe penalties an individual can face if convicted of driving under the influence of drugs or alcohol.
If you have been cited for driving while under the influence, it is essential to remember that this is not a simple traffic offense that a small fine and traffic court can handle. A DWI is a criminal charge that can result in jail and court. If you have a blood alcohol content (BAC) level of .08% or higher or demonstrate evidence of obvious intoxication, you can face criminal charges. Penalties for this offense are very severe because they are designed to encourage drivers never to drive while intoxicated ever again. After the first offense, the penalties substantially increase.
Are you facing a DWI charge in New York? Call The Law Offices of Michael Mullen today at (347) 462-0338 or contact us online to schedule a meeting with our DWI lawyer in Brooklyn!
What are the Penalties for DWI in New York?
For a first offense, it is charged as a misdemeanor with a fine of up to $1,000. It may also include a year in jail and a six-month license revocation. Penalties for a subsequent DWI offense are even more if the offense has occurred within five years of the original charge.
Other aggravating factors include:
Injuries
Accidents
Minors in the vehicle
What Is the Difference Between a DWI and DUI in New York?
The main difference between a DUI and DWI in New York is that DWI stands for Driving While Intoxicated, while DUI stands for Driving under the Influence. In New York, there are no differences between the two legally.
What To Do if You Stopped for a DWI?
It may help your chances of avoiding a DWI arrest greatly if you are fully aware of how to act beforehand. The Brooklyn DWI defense attorney at The Law Offices of Michael Mullen can protect you from a conviction which can seriously threaten your future and include time behind bars. Call the firm today to begin building your defense.
Be polite to the officer when stopped. Law enforcement can often act aggressively if they perceive you’re are intoxicated, but keeping calm and respectful can work to sway their opinion.
Refrain from implicating yourself. You should respond to police when questioned, but keep your answers short but do not give specifics regarding how much you may have had to drink that night.
Decline to submit to a search if asked by the officer. They have no right to search your vehicle if they are asking, so you are within your rights to say no.
Remember what the police officer says and does during your stop. If the officer crosses the line to find evidence of your intoxication or other malfeasance, this can be used in court towards having your charges thrown out.
Breath & Blood Tests in New York
You may be required to perform a chemical test when suspected of driving under the influence. Chemical tests could include a breath, blood, or urine test. New York's implied consent law requires drivers to perform this test if arrested for a DUI. These tests are not fully accurate or reliable; however, you can build a defense against the results. With the help of an experienced attorney, you can avoid a DUI conviction and the potential penalties involved.
Some of the defenses to breath and blood tests include:
Inaccurate administration of the chemical test
Consumption of food or medication that tamper results
The absorption phase altering the accuracy of results
Faulty testing instruments
Calibration error
Non-qualified person performing the test
The chain of custody not being proven
Breathalyzers are not fully accurate, and the time you perform the test can affect the results. It takes 45 minutes to three hours for alcohol to be absorbed in the body. This means that if you have a drink right before getting behind the wheel, you may not be impaired at the time that you were driving. While waiting to perform a test, however, your Blood Alcohol Content (BAC) could rise and show an inaccurate record of your BAC when driving. It would take an investigation of your case to determine the best possible defense.
Our skilled Brooklyn DWI attorneys can look into the specific test administered, your unique medical history, the time elapsed between driving and the test, and your test procedures and then build a defense accordingly. Contact The Law Offices of Michael Mullen to discuss your breath, blood, or urine test. We offer a free initial consultation, so do not wait; get started in building your defense today!
How to Get a DWI Dismissed in NY
One way to attempt to get a DWI charge dismissed in New York is to challenge the legality of the police officer's actions in court. This includes challenging the validity of the officer's initial stop, the results of any field sobriety tests or breathalyzer tests, and the officer's conduct while administering the tests.
Additionally, the DWI charge may be dismissed if the prosecutor cannot prove beyond a reasonable doubt that the driver was impaired. It is also possible to negotiate a plea bargain with the prosecutor to have a DWI charge reduced to a lesser charge if the evidence is weak, or the facts of the case are favorable.
Finally, in some instances, a defendant may take advantage of a pretrial diversion program in which the case is dismissed if the defendant completes certain conditions.
Contact Our Brooklyn DWI Lawyer Today
If you have been charged with a DWI in New York, it is essential to contact our firm at your earliest convenience. You need the best DUI lawyer in Brooklyn by your side. We have extensive DWI / DUI trial experience with charges ranging from felonies to misdemeanors.
Our founding Brooklyn DWI attorney even participated in the Nassau County Police Department Standardized Field Sobriety Testing (SFSTs) training. Call The Law Offices of Michael Mullen today!
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