The penalties for Driving While Intoxicated (DWI) are becoming more and more intense across the nation. From increasing criminal charges to the lowering of legal Blood Alcohol Content (BAC) limits, DWIs are serious legal situations. If you’ve been arrested for driving while intoxicated, know that all hope is not lost, and you should call an experienced DWI lawyer in New York immediately. Our team understands the stress that can come with Driving While Intoxicated (DWI) charges. At The Law Office Of Gina M Wicik, we make it our primary goal to provide clients like you with the fierce and knowledgeable representation necessary to ensure your rights are protected.
To schedule a free consultation with our DWI/DUI attorney, call us at 516-253-4278 or fill out our convenient and confidential online form .
Why Choose Our New York DWI/DUI Lawyers
Beyond our vast experience and compassion, what sets Law Office Of Gina M Wicik apart is the comprehensive understanding of DWI defense. We’re not just Law Firm; we’re, armed with a unique toolset designed to tackle DWI cases head-on. Our attorney Gina M Wicik is well-versed in the nuances of DWI defense, including Standardized Filed Sobriety Tests (SFSTs), making them formidable defenders in the face of DWI charges.
In the fast-paced, high-stakes world of DWI defense, timing is of the essence. Our experienced criminal defense attorney understands the value of swift action. Consulting an experienced criminal defense lawyer promptly is crucial to ensure that your defense strategy encompasses all essential elements and safeguards your freedom and rights.So why wait? With our DWI lawyers, you’re not just choosing legal representation; you’re choosing peace of mind.
Understanding DWI/DUI Charges in New York
In the intricate landscape of New York’s legal system, understanding DWI/DUI charges is paramount. New York’s DWI/DUI charges encompass per se intoxication, common law intoxication, and zero tolerance laws for drivers under 21. Each of these charges has its unique features and challenges, requiring a deep understanding and nuanced approach.
To prosecute a DWI case in New York City, the prosecution must demonstrate two key elements: the defendant’s intent to operate the vehicle and the presence of alcohol or drugs in the defendant’s system. An individual can be convicted of DWI in New York if their Blood Alcohol Content (BAC) is 0.08% or higher, or if they refuse to take a chemical breath or blood test.
Navigating these legal waters requires the expertise and knowledge of experienced DWI lawyers who practice law, and that’s where we come in.
Navigating the DWI/DUI Arrest Process
The DWI/DUI arrest process in New York can feel like a whirlwind of confusion and uncertainty. It begins when a police officer pulls you over with reasonable suspicion of a traffic violation. As the blue and red lights flash in your rearview mirror, uncertainty and fear can quickly set in during a dwi arrest.
Understanding the arrest process, from the moment you’re pulled over to the administration of field sobriety and chemical tests, can arm you with the confidence to navigate the situation.
The initial stage of your DWI charge commences with your vehicle being pulled over, field sobriety tests being administered and the use of a portable breathalyzer test. An arrest will follow along with a breath test being administered at the station. If found to blow over 0.08 or a refusal, you may spend the night in holding, followed by an arraignment before the Court.
Building a Strong DWI/DUI Defense Strategy
When facing DWI/DUI charges, building a strong defense strategy is key. Our skilled DWI/DUI lawyer Gina M Wicik leverages her specialized training and extensive experience to construct a robust defense, contesting the prosecution’s evidence, analyzing the administration of tests, and asserting that the defendant was not impaired.
Our Law Firm is skilled at challenging field sobriety test results and fighting chemical test evidence, further weakening the prosecution’s case. We understand that field sobriety tests are subjective and can be influenced by various factors, making them ripe for challenge. Similarly, we know that chemical tests are ripe for errors and that challenging these results can often lead to them being dismissed.
Potential DWI/DUI Penalties and Consequences
A DWI/DUI conviction in New York carries severe consequences. These may include fines, imprisonment, and license suspension. The exact penalties depend on several factors, including the severity of the offense and the individual’s prior record. But the impact of a DWI/DUI conviction extends beyond these immediate penalties.
In addition to the legal penalties, a DWI/DUI conviction can also lead to increased insurance premiums, court costs, and the installation of an ignition interlock device. More significantly, refusing to take a breath or blood test can result in the permanent revocation of your driver’s license.
The stakes are high, but our attorney Gina M Wicik is here to help you navigate this challenging terrain.
Indirect Impacts of a DWI/DUI Conviction
The impacts of a DWI/DUI conviction aren’t just confined to the courtroom or the DMV; they can ripple out into every corner of your life. The possible long-term consequences of a DWI/DUI conviction may include the revocation of one’s driver’s license, higher insurance premiums, difficulty in obtaining employment or housing, and a criminal record.
Beyond these tangible impacts, a DWI/DUI conviction can also affect your professional life. Certain jobs and licensures may be out of reach for those with a DWI/DUI on their record. The indirect impacts of a DWI/DUI conviction can be far-reaching and long-lasting, making it all the more important to have an experienced legal team on your side.
DWAI: A Lesser Alcohol-Related Offense
In the spectrum of alcohol-related offenses in New York, driving while ability impaired (DWAI) is considered a lesser offense. Often used as an alternative plea bargain for some DWI cases, a DWAI charge comes with penalties that are less severe than those from a DWI conviction.
The distinction between DWAI and DWI lies in the severity of the offense and the penalties imposed. DWAI does not constitute a criminal offense, whereas DWI does. A chemical test result indicating a Blood Alcohol Concentration less than 0.08% and greater than 0.05% may result in a DWAI charge.
With the right legal representation, a DWAI charge can be a lifeline, offering a way to mitigate the consequences of a DWI charge.
DWI Charges and Penalties in New York
Driving While Intoxicated (DWI)
Driving While Intoxicated (DWI) – 0.08 or higher, Blood Alcohol Content (BAC), or other evidence of intoxication; this first-time conviction may come with a fine of $500 to $1,000, up to a 1-year jail sentence, and a 6-month driver’s license revocation.
Driving While Ability Impaired (DWAI/Drug)
This first-time conviction may come with a fine of $500 to $1,000, up to a 1-year jail sentence, and a minimum 6-month driver’s license revocation.
Aggravated DWI
An aggravated DWI is not just another DWI charge 0.18 BAC or higher ; This first-time conviction comes with a mandatory fine of $1,000 to $2,500, up to 1 year of jail time, 2-3 years probation and a license suspension for at least 1 year, A Driver Responsibility Assessment (DRA)of $250.00 a year for a term of 3 years, and mandatory installation of an Ignition Interlock Device (IID) in any motor vehicle you own or operate during the term of your probation or conditional discharge for no less than 6 months time. It’s a more serious offense, typically associated with a Blood Alcohol Content (BAC) of 0.18 or higher. Aggravating factors that can lead to this charge include having a minor in the vehicle or having a prior DWI conviction within a 10 year span. The stakes are high, and the penalties are severe, potentially including incarceration, hefty financial fines, and license revocation.
Driving While Ability Impaired by Alcohol (DWAI/Alcohol)
0.05 BAC but less than 0.07 BAC or other evidence of intoxication; this first-time conviction may result in a $300 to $500 fine, up to 15 days in jail, and a 90-day revocation of driving privileges. If you need more information check our FAQ page.
Chemical Test Refusal
If a driver declines to take a chemical test, such as a breath, blood, or urine test, the driver may incur a $500 civil penalty and have their driver’s license revoked for at least 1 year. The driver will also have to attend a refusal hearing in addition to any criminal hearings.
Zero Tolerance Law
For those under the legal drinking age limit of 21, a read of 0.02 to 0.07 BAC could result in a $125 civil penalty and a fee to terminate suspension and a license suspension of 6 months.
This first-time conviction may come with a fine of $500 to $1,000, up to a 1-year jail sentence, and a minimum 6-month driver’s license revocation.
Felony DWI/DUI
In some cases, DWI/DUI charges can escalate to the level of a felony. Felony DWI/DUI charges in New York involve more serious circumstances, such as multiple offenses or causing injury or death. These charges carry severe penalties, and navigating them requires the expertise of an experienced legal team.
Potential penalties for a felony DWI conviction in New York may include fines, imprisonment, and license suspension. Specific laws, such as Leandra’s Law, impose stringent penalties for driving under the influence with a minor aged 16 or younger in the vehicle. The potential prison sentences associated with a DWI conviction in New York vary, depending on the severity of the offense and the individual’s prior record, leandra’s law minimum sentence ranging from a few days to several years.
A first-time DWI is typically charged as a misdemeanor, however, certain circumstances can increase the charge to a felony. Such as having a minor in the car (Leandra’s Law), or an intoxicated driver causing severe bodily injury or death as a result of their driving.
Typically, penalties for a first-time misdemeanor DWI include of fine of anything between $500.00 and $1,000.00 plus surcharges, up to 1 year in jail, two or three years probation, a minimum of a 6-month license suspension, A Driver Responsibility Assessment (DRA)of $250.00 a year for a term of 3 years, and mandatory installation of an Ignition Interlock Device (IID) in any motor vehicle your own or operate during the term of your probation or conditional discharge for no less than 6 months time. However, at sentencing you may be eligible for a conditional license.
If you’ve been charged with a DWI in New York, you should consult a lawyer. Depending on your circumstances, your attorney may be able to work with the State to reduce your charges or have your charges dismissed entirely.
Second DWI
A Second DWI (within a time frame of 10 years the DWI is typically charged as a felony). However, if the second DWI is charged as a misdemeanor offense a fine between $1,000 and $5,000.00 may be assessed, possibility of jail up to one year. Mandatory suspension of at least 1 year. A Driver Responsibility Assessment (DRA)of $250.00 a year for a term of 3 years, and mandatory installation of an Ignition Interlock Device (IID) in any motor vehicle your own or operate during the term of your probation or conditional discharge for no less than 6 months time.
A Second DWI which is charged as a Felony, usually a Class E Felony, can carry fines from $1,000.00 to $5,000.00, up to four years in prison, 3-5 year probation, a mandatory license suspension of a minimum of 1 year, a Driver Responsibility Assessment (DRA)of $250.00 a year for a term of 3 years, and mandatory installation of an Ignition Interlock Device (IID) in any motor vehicle your own or operate during the term of your probation or conditional discharge for no less than 6 months time.
Multiple DWI
A Third DWI in NY within a 10 year period is a Class D Felony. This can result in a permanent revocation of your driver’s license through the DMV. The minimum fine is between $2,000.00 and $10,000.00 and three is a minimum 10 day jail sentence (which sometimes can be substituted for a 60 day community service sentence, up to 7 years in prison, and a license suspension of a minimum of 18 months time.
Implied Consent and Breathalyzer Refusal
In New York, drivers are bound by implied consent laws, which mandate that drivers must consent to chemical testing. This means that when you get behind the wheel in New York, you’re implicitly agreeing to submit to chemical tests to determine your level of intoxication if pulled over.
Refusing a breathalyzer test in New York can have significant consequences. A refusal will result in immediate suspension and revocation of the driver’s license, and this refusal can be used as evidence in court.
It’s an uphill battle, but with the right legal team in your corner, it’s a battle you don’t have to fight alone.
Challenging Field Sobriety Test Results
Field sobriety tests form a critical part of the DWI/DUI arrest process. These tests, conducted by law enforcement officers, are designed to assess your balance and concentration, providing a subjective measure of your sobriety.
However, these tests are far from foolproof. In fact, field sobriety tests are known to be highly inaccurate and subjective, easily impacted by factors such as the officer’s experience, the environment, and the suspect’s physical condition. Our attorney is adept in identifying and exploiting these inconsistencies, challenging the validity of the field sobriety tests to undermine the prosecution’s case.
Fighting Chemical Test Evidence
Chemical tests, such as breath and blood tests, form another pillar of the DWI/DUI arrest process. These tests are designed to measure the presence of alcohol or drugs in a person’s body, providing empirical evidence of intoxication. But like field sobriety tests, they’re not infallible.
Common errors in chemical tests include human errors, equipment malfunction, and improper calibration. Our attorney is experienced in challenging these tests, questioning the accuracy of the test results, the validity of the test, and the qualifications of the person who administered the test.
By fighting chemical test evidence, we can weaken the prosecution’s case, increasing your chances of a favorable outcome.
Our Client-Centric Approach to DWI/DUI Defense
At the heart of our DWI/DUI defense strategy is our commitment to our clients. We believe that every client deserves personalized attention, open communication, and a defense strategy tailored to their unique circumstances. We’re not just here to represent you in court; we’re here to guide you through every step of the process, ensuring that your rights are protected and that you’re informed at every stage.
At Law Office Of Gina M Wicik, we’re dedicated to providing the highest quality legal representation and safeguarding the rights of our clients throughout the process to ensure the best possible outcome. As one of the leading law offices in New York and New Jersey, our commitment to excellence is unwavering.
Do I need a lawyer for DWI in NY?
If you’re facing a DWI in New York, the best course of action is to examine the evidence and see if there is enough for a conviction, if procedural mistakes were made, or if the evidence is insufficient. Taking these steps may help your case and could lead to dismissal of charges.
Can you beat a DWI in New York?
It is possible to beat a DWI in New York with the help of a defense attorney and favorable circumstances. Real-life cases suggest there are common arguments that can lead to a dismissal.
What is the primary focus of your law firm’s DWI/DUI defense?
Our primary focus as expert New York City DWI lawyers is to ensure the best possible outcome for our clients.
What is the first offense for a DWI in NY?
A first-time DWI offense in New York is a misdemeanor criminal offense, and can result in a fine of $500-$1,000, potential jail time of up to one year, six months minimum license suspension, and the installation of an ignition interlock device.
The consequences of a DWI conviction can be severe, and it is important to understand the potential penalties and consequences of a DWI conviction. It is also important to understand the legal process and the options available to those facing a DWI charge. An experienced DWI attorney can help you understand the legal process and the potential consequences of a DWI conviction.
Let Us Handle it
1
Free Consultation
Reach out to an experienced lawyer and request a free initial consultation
2
Customized Defense
We work closely with our clients to develop a comprehensive personalized defense
3
Proven Record
With years of experience and in depth knowledge of the court system, we have the expertise to fight for you
With our experienced DWI/DUI lawyer on your side, you have a team of experts ready to guide you through every step of the process, building a robust defense strategy tailored to your unique circumstances. So don’t let the blue and red lights in your rearview mirror intimidate you. With the right legal team, you’re in the driver’s seat.
blood alcohol content, driving under the influence, traffic collision, ignition interlock device, drunk driving in the united states, lawyer, alcohol intoxication, field sobriety testing, alcoholic beverage, police, breathalyzer, charges, influence, dui conviction, dui charge, impaired driving, dwi, bac drive, dui, sobriety, license, misdemeanor, traffic, prison, traffic stop, probation, police officer, legal drinking age, arrest, motor vehicle, alcohol law, plea, revocation, court, zero tolerance, conviction, criminal, law, criminal defense lawyer, dui laws in california, crime, vehicle, dwi court, defendant, law enforcement, prosecutor, evidence, criminal law, administrative license suspension, vehicular homicide, los angeles dui, impaired drivers, driving while intoxicated, car insurance, dui lawyer, dwi lawyer, dwi lawyers, lawyers for dui, dwi lawyer cost, best dwi lawyer, dwi defense, attorney dwi, dui charges, first dui, second dui offense, dui dwi, driving while impaired, felony, mothers against drunk driving, public intoxication, information, criminal procedure, speed limit, plea bargain, traffic ticket, probable cause, concentration, fine, trial, highway, dui consequences, dui expungement, first time dui offense, aggravated dwi, third dui offense, dui and dwi, jury, justice, criminal justice, appeal, witness, public defender, lawsuit, sentence, legal system, judge, criminal charge, defender, american bar association, criminal defenses, acquittal, expert witness, courtroom, verdict, attorneys, attorney, defense lawyers, criminal defense attorneys, criminal lawyers, criminal defense lawyers, legal, defense attorney, defense attorneys, lawyers, criminal defense attorney, criminal defense, criminal attorneys, defense counsel, defense lawyer, advocate, appellate court, murder, consent, bail, criminal investigation, testimony, administration of justice, negligence, judgment, jury selection, opening statement, duty, trial court, legal process, experiential learning, jury trial, master of laws, admissible evidence, preliminary hearing, externship, legal writing
Frequently Asked Questions
How do I find a good criminal defense attorney?
Finding a good criminal defense attorney involves researching their experience, client reviews, and success rates. Schedule consultations to discuss your case and assess their communication style and commitment to your defense.
How much does a DUI lawyer typically cost?
The cost of hiring a DUI lawyer typically varies based on experience and case complexity, ranging from $1,000 to $5,000 or more. It's essential to discuss fees during an initial consultation to understand your specific situation.
Can I refuse a breathalyzer test during a DUI stop?
Refusing a breathalyzer test during a DUI stop is generally not advisable, as it can lead to automatic penalties, including license suspension. In New York, implied consent laws require drivers to submit to testing if requested by law enforcement.
What are the penalties for a first-time DUI offender?
The penalties for a first-time DUI offender in New York can include fines ranging from $500 to $1,000, a possible jail sentence of up to one year, and a license suspension for six months.
What is the legal blood alcohol limit for DUI?
The legal blood alcohol limit for DUI in New York is 0.08% for drivers aged 21 and over. Commercial drivers have a lower limit of 0.04%, while drivers under 21 must have a blood alcohol concentration of 0.00%.
What are the consequences of getting a DUI conviction?
The consequences of getting a DUI conviction include potential jail time, hefty fines, license suspension, mandatory alcohol education programs, and a permanent criminal record, which can significantly impact employment and personal life.
What are the consequences of a first-time DUI offense?
The consequences of a first-time DUI offense can include fines, license suspension, mandatory alcohol education programs, and possible jail time. Additionally, it may result in a criminal record, which can impact future employment and insurance rates.
What is the difference between DUI and DWI charges?
The difference between DUI and DWI charges lies primarily in terminology and specific state laws. Generally, DUI (Driving Under the Influence) refers to operating a vehicle while impaired by alcohol or drugs, while DWI (Driving While Intoxicated) specifically pertains to driving with a blood alcohol concentration over the legal limit.
Can I still drive after being arrested for DUI?
After being arrested for DUI, you may face immediate restrictions on your driving privileges. Typically, your license may be suspended, but you can apply for a hearing to contest this suspension and potentially regain your driving rights.
Can a DUI charge be reduced to reckless driving?
A DUI charge can sometimes be reduced to reckless driving, depending on the circumstances of the case and the evidence available. Consulting with an experienced attorney can help determine the best course of action for your specific situation.
Is DUI a felony or misdemeanor offense?
A DUI can be classified as either a felony or a misdemeanor offense, depending on the circumstances. In New York, a first-time DUI is typically a misdemeanor, while subsequent offenses or those involving injury or death may result in felony charges.
What are the main components of a criminal defense strategy?
The main components of a criminal defense strategy include thorough case investigation, identifying weaknesses in the prosecution's case, developing a strong legal argument, and preparing for trial or plea negotiations. Each element is crucial for effectively defending against charges.
What should I look for in a defense attorney?
When selecting a defense attorney, you should look for experience in DWI/DUI cases, a strong track record of successful outcomes, excellent communication skills, and a commitment to protecting your rights throughout the legal process.
How can I prepare for my DUI hearing?
Preparing for your DUI hearing involves gathering relevant documents, understanding the charges against you, and consulting with an experienced attorney. Be ready to discuss your case and any evidence that may support your defense.
What defenses are available for DUI charges?
The defenses available for DUI charges include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or field sobriety tests, and demonstrating that the accused was not impaired at the time of arrest.
What happens during a DUI arrest process?
The DUI arrest process involves being pulled over by law enforcement, undergoing field sobriety tests, and potentially taking a breathalyzer test. If arrested, you will be taken to a police station for booking and may face charges in court.
How can I challenge a breathalyzer test result?
Challenging a breathalyzer test result involves questioning the accuracy of the device, the administration of the test, and the qualifications of the operator. It's crucial to gather evidence and consult with an experienced attorney to build a strong defense.
What are the long-term effects of a DUI conviction?
The long-term effects of a DUI conviction include increased insurance rates, potential job loss, difficulty in securing employment, and a permanent criminal record that may impact personal and professional opportunities.
Can I appeal a DUI conviction?
You can appeal a DUI conviction. However, the process is complex and typically requires valid grounds, such as legal errors during the trial. Consulting with an experienced attorney is essential to understand your options and navigate the appeal process effectively.
What is the process for expunging a DUI record?
The process for expunging a DUI record involves filing a petition with the court, demonstrating eligibility, and potentially attending a hearing. It's essential to consult with a legal professional to navigate the specific requirements and ensure proper representation.
How does a DUI affect employment opportunities?
A DUI can significantly impact employment opportunities. Many employers conduct background checks, and a DUI conviction may raise concerns about reliability and judgment, potentially leading to job rejections or limitations in career advancement.
What are the differences between DUI and DWI penalties?
The differences between DUI and DWI penalties primarily hinge on the specifics of the offense. In New York, DUI typically refers to driving under the influence of drugs, while DWI pertains to driving while intoxicated by alcohol, often resulting in varying legal repercussions.
What evidence is needed to prove DUI charges?
The evidence needed to prove DUI charges includes the results of breath, blood, or urine tests, field sobriety test results, witness testimonies, and any relevant observations made by law enforcement during the arrest.
How can I reduce my DUI penalties?
Reducing DUI penalties involves several strategies, such as challenging the evidence against you, negotiating plea deals, or enrolling in rehabilitation programs. Consulting with an experienced attorney can significantly enhance your chances of minimizing penalties.
What role does a defense attorney play in DUI cases?
The role of a defense attorney in DUI cases is crucial. They provide legal representation, protect clients' rights, navigate the complexities of the legal system, and develop effective defense strategies to minimize penalties or potentially dismiss charges.
What are the common myths about DUI charges?
Common myths about DUI charges include the belief that you can only be arrested if your blood alcohol content (BAC) is above 0.08%, or that refusing a breathalyzer test has no consequences. In reality, penalties can apply regardless of BAC levels or test refusal.
How can I avoid a DUI in the future?
To avoid a DUI in the future, always designate a sober driver, use rideshare services, or public transportation when consuming alcohol. Additionally, consider alternative activities that do not involve drinking before driving.
What should I do if I’m stopped for DUI?
If you’re stopped for DUI, remain calm, comply with the officer's requests, and avoid making any statements that could incriminate you. It's crucial to seek legal representation as soon as possible to protect your rights.
What are the implications of a second DUI offense?
The implications of a second DUI offense include increased penalties such as higher fines, longer license suspension, mandatory alcohol education programs, and potential jail time, which can significantly impact your personal and professional life.
How does a DUI affect car insurance rates?
A DUI significantly impacts car insurance rates. Insurers often view a DUI as a high-risk factor, leading to increased premiums or even policy cancellation, making it essential to consult with a legal expert for guidance.
dwi lawyer nyc, dui lawyer nyc, dui lawyer, dwi lawyer, criminal defense, staten island dwi lawyer, dui attorney staten island, long island drunk driving lawyer, staten island dui lawyer, dui attorney staten island ny, dui lawyer staten island, dui consultation, staten island dwi attorney, dui defense, how to beat a dwi in nyc brooklyn, patchogue drunk driving attorney, new york drunk driving lawyer
