New York DWI Lawyers
Driving While Intoxicated in New York
Among all the states in the U.S., New York ranks as one of the toughest
when it comes to the prosecution of DWI cases. Though the legal blood
alcohol content (BAC) limit across the country is 0.08%, New York also
recognizes a second category of driving impairment known as driving while
ability impaired (DWAI). This means the driver has a BAC between 0.05%
and 0.07%.
Furthermore, in New York driving with a BAC of 0.17% or over is considered
Aggravated DWI and is a very serious offense. If you have been accused
of driving while intoxicated it is vital to your
defense to contact Goldberger & Dubin, P.C. today.
Facing DWI charges?
Contact our New York DWI defense attorneys today at (646) 681-5997 to schedule
your free consultation.
Consequences of DWI Charges
- Those charged with DUI, DWI or DWAI in New York face serious consequences, such as:
- Jail time
- Hefty fines
- Suspension or revocation of driving privileges
- Recent changes to the law have added a mandate that certain DUI convictions
require that the offender use an interlock device on his or her car. This
device registers the driver’s BAC before the car will start.
What Are Some DWI Defenses?
Some DWI penalties, such as having your driving privileges suspended at
your arraignment under the state’s “prompt suspension”
law, can best be avoided by promptly contacting an attorney soon after
your arrest. We understand that every case is unique, and because of that,
every defense must be crafted to fit the situation and our clients' interests.
Some of the most important aspects of a defense have to do with the arrest
procedure itself.
Common defense strategies include:
-
Lack of probable cause: Not only do police need probable cause to pull you over in the first
place, they also need probable cause in order to arrest you for DWI. If
you were unlawfully arrested, meaning there was not probable cause, any
subsequent evidence will most likely be inadmissible in court.
-
Subjective observations: During an arrest, the officer is looking for probable cause that the
driver was driving while intoxicated. These observations, such as poor
driving, irritated or glassy eyes, or slurred speech, can be subjective
or even have valid explanations. While difficult to prove sometimes, it
is important to examine these observations to potentially invalidate the
officer's subsequent conclusions.
-
Valid explanations for your behavior: Often times things such as red eyes, slurred speech, or the smell of
alcohol will be used as probable cause that the driver was intoxicated.
However, there can be justifiable reasons behind these circumstances such
as lack of sleep or a medical issue.
-
Witnesses with a different account of the situation: One possible defense is to have the support of eye-witnesses who can
contradict the arresting officer's account of the situation.
-
Challenging test results: Field sobriety tests or BAC tests can yield inaccurate results. It is
important to determine if the tests were administered properly as well
looking at the results themselves to determine their validity.
Ultimately, it is important to remember that one of, if not, the most important
aspects to your DWI defense is contacting a New York DWI defense lawyer
after you have been arrested.
Trust Goldberger & Dubin, P.C. 75+ Years' Experience!
If you work with the right criminal defense team, it is possible to be
found not guilty in New York after having been arrested and charged with DWI. At
Goldberger & Dubin, P.C. we are dedicated New York DWI attorneys. We understand that a DWI charge
can be genuinely terrifying, and that a conviction would be life-altering
for many of our clients. With
more than 75 years of collective experience,
you can trust that we will capably defend your rights.
Schedule your
free case evaluation with our New York DWI lawyers today by calling (646) 681-5997.
