Brooklyn DWI Defense Lawyer
Fighting Your DWI/DWI Charges in New York
DWI (Driving While Intoxicated) is a serious criminal offense in New York. The consequences of a DWI conviction are severe and can include the loss of your driving privileges, steep fines, and even jail time. If you have been arrested for DWI and are facing DWI charges, it is important that you contact a New York DWI lawyer as soon as possible. An experienced DWI attorney can protect your rights, driving privileges, and freedom.
At Mottola Uris Law, PLLC, our attorneys have a combined total of more than 30 years of experience serving clients in the New York area. We have a proven track record of success and are ready to help you. We have handled countless DWI cases and we know how to fight DWI charges.
It is never too early to get started. Contact us online or at (718) 550-3318 to schedule a free consultation with our Melville DWI lawyers.
What Is Considered a DWI in New York?
Under New York law, a person is guilty of DWI if they operate a vehicle while:
- their blood alcohol content (BAC) is .08% or higher;
- they are under the influence of drugs or alcohol to the extent that it renders them incapable of safely operating a vehicle; or
- they are under the influence of drugs or alcohol to the extent that it impairs their ability to safely operate a vehicle.
In addition to the above, DWI charges can also be brought against a driver if they refuse to take a chemical test. This can include a breath, blood, or urine test. If a driver refuses to take a chemical test, they can be charged with a refusal to submit to a chemical test. The penalties for a DWI conviction will vary depending on the circumstances of the case.
What Are the Penalties for a DWI Conviction in New York?
The penalties for a first DWI conviction can include a fine of $500 to $1,000, a maximum jail term of up to one year, a minimum license revocation period of six months, and the requirement to install an ignition interlock device (IID) on the offender's vehicle.
A second offense in 10 years is a Class E felony, which carries a maximum prison sentence of four years, a fine between $1,000 and $5,000, and driver's license revocation for at least one year.
A third offense in 10 years is a Class D felony, punishable by imprisonment for up to seven years, a fine ranging from $2,000 to $10,000, and license revocation for at least one year.
How Does a DWI Arrest Occur?
A DWI arrest can occur in a number of different ways. The most common way is if a police officer has probable cause to believe that a person is operating a vehicle while intoxicated. Probable cause can exist if the driver's actions or appearance give the officer reason to believe that the driver is intoxicated. Other reasons a driver can be arrested for DWI include:
- weaving in and out of traffic lanes;
- driving at an excessive speed;
- running a red light or stop sign;
- having defective equipment;
- making illegal turns; or
- having a cracked windshield.
If you have been arrested for DWI, it is important that you do not answer any questions from the police. The police may try to get you to admit to being intoxicated or to confess to committing a traffic violation. It is always best to politely decline to answer any questions and ask for a lawyer instead.
What Is the Process for Fighting a DWI Charge in New York?
If you have been arrested for DWI, it is important that you seek legal representation as soon as possible. An experienced DWI lawyer can help you understand the details of your case and determine the best way to fight the charges against you. A DWI lawyer in New York can help set up a defense strategy and work to protect your rights. An experienced lawyer can also ensure that your rights are not violated during the arrest process.
Our attorneys can help you fight DWI charges. Contact us today at (718) 550-3318
