New York DWI DUI Lawyer - Law Office Of Gina M Wicik

DWI /
DUI

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Experienced Drunk Driving Defense

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.

What are the penalties for DWI in New York

First DWI

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.

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.

Don’t go to jail for dwi

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.

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Top Rated DWI DUI Lawyer

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.

 

Gina M. Wicik

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