New York City DWI Attorney
Arrested for Drunk Driving? We Can Help You Fight Back!
At H. Benjamin Perez & Associates, P.C., we know the various defense strategies that work in defending against misdemeanor and felony DWI charges. The first step is to connect with us so we can review the facts in your case. If you believe that because you blew .08% or higher, there is no hope for your situation, this is not accurate. A DWI charge can be based upon faulty evidence, errors by police, rights violations, or other errors that could allow your case to be dismissed, or the charges reduced.
Contact our NYC DWI attorney by calling (646) 770-0989 today to learn more about how we can defend you.
What Constitutes a DWI in New York?
In New York, DUI (Driving Under the Influence) is often referred to as DWI (Driving While Intoxicated). The state recognizes several impaired driving offenses, each with specific thresholds and penalties. An NYC DWI lawyer carefully examines the charges to determine which statute applies and how best to challenge it.
There are several classifications of impaired driving charges:
- Driving While Intoxicated (DWI): BAC of 0.08% or higher for regular drivers; 0.04% for commercial drivers.
- Driving While Ability Impaired by Alcohol (DWAI-Alcohol): BAC between 0.05% and 0.07%.
- Driving While Ability Impaired by Drugs (DWAI-Drugs): Operating a vehicle while impaired by a controlled substance.
- Driving While Ability Impaired by a Combination of Alcohol and Drugs.
- Aggravated DWI: BAC of 0.18% or more, or DUI with a child under 15 in the vehicle (Leandra’s Law).
Each charge carries unique consequences. An NYC DWI attorney tailors defense strategies to fit the specific type of allegation and the circumstances surrounding the arrest.
What to Expect After a DWI Arrest in New York?
The legal process begins immediately after an arrest. Drivers may be subject to:
- Vehicle impoundment
- Immediate license suspension (pending arraignment)
- Chemical test (breathalyzer, blood, or urine)
- Arraignment and criminal charges
Engaging an NYC DWI lawyer early in the process ensures your rights are protected during questioning, chemical testing, and bail proceedings.
What are Effective Defense Strategies for DUI & DWI Cases?
Our legal team has various strategies that could be employed to allow you to walk away without further consequences.
These are some of the strategies that could be effective, based upon the facts in your case:
- Challenge breath, blood, and urine tests for accuracy or reliability.
- Determine whether the officer had probable cause for the traffic stop.
- Find out if there are any medical or health problems that impact BAC readings.
- Determine if blood alcohol absorption could have impacted the BAC reading.
- Determine if the arrest process was incorrect.
- Determine if the testing unit has a history of faulty readings.
- Review lab procedures, chain of custody, and other similar issues.
In addition to these strategies, we thoroughly investigate your personal circumstances to identify any mitigating factors that can be presented during negotiations or trial. Our defense lawyers examine the training and background of the officers involved to uncover any discrepancies in procedure that might aid in a motion to dismiss the charges. Furthermore, our firm explores alternative sentencing options such as treatment programs, which can sometimes lead to a more favorable outcome than standard penalties.
What are the Penalties for DUI & DWI in New York City?
The punishments associated with a DWI conviction are not minor. The first offense can carry a fine of up to $1,000, one year in jail, and a 6-month driver's license suspension. A second or third offense within 10 years will result in much more significant fines, periods of suspension, and mandatory jail time, and the charges could be filed as a felony if you are labeled a habitual offender.
A conviction for DWI has serious consequences, including:
- Permanently damaging your criminal record
- Jail time
- Heavy fines
- Community service
- Hidden costs of increased insurance rates for years into the future
If you have been arrested and charged with DWI, get in touch with H. Benjamin Perez & Associates, P.C. immediately.
What Should I Do If I Am Pulled Over by a DUI & DWI Officer?
We all know that being pulled over by an officer for suspected DWI/DUI can be nerve-wracking. However, it is important that you remain focused and keep a few important "do's" and "don'ts" at the forefront of your mind. By taking certain steps and avoiding others, you may be able to avoid an arrest or strengthen your defense in the case that you are arrested. By taking the wrong steps, you may just be giving the officer and prosecutors a more convincing case against you. Here are the "Do's and Don'ts of DUI" provided by our New York City DWI lawyers:
Do's:
- Do immediately take out your driver's license, registration, and proof of insurance and have these items ready for the officer. By having these things ready, you will not have to search for them in front of the officer, who will be searching for signs of intoxication such as slow movement or clumsiness.
- Do speak to the officer calmly and respectfully.
- Do cooperate with the officer's basic commands, such as pulling over to a safer part of the road or stepping out of the vehicle.
- Do exercise your right to remain silent and say that you want to speak to a lawyer before answering questions pertaining to the alleged DUI offense.
- Do contact an NYC DWI attorney as soon as possible.
Don'ts:
- Don't admit to drinking alcohol, taking drugs, or feeling intoxicated. If you do, this will open the door for the officer to test you for DWI, and your statement can later be used against you in court.
- Don't willingly consent to having your vehicle searched. The officer may be able to search your car either way if there is enough probable cause to merit a search; however, you do not want to give permission in situations where a search warrant is actually required.
- Don't agree to take any field sobriety tests, as these tests are not legally required and they will just add one more piece of evidence that can be used against you.
- Don't refuse to take a chemical test (a breath, blood, urine, or saliva test) after arrest unless you are willing to be penalized for doing so.
- Don't resist arrest, as this can lead to additional charges.
Don't waste any time after you are arrested for suspected DUI/DWI—contact our firm to speak with a New York City DWI attorney right away!
Searching for a DUI Lawyer in New York City?
We don't take a DUI or DWI charge lightly, and we don't think you need someone in court with you to hold your hand while you plead guilty. We are aggressive criminal defense lawyers who are seeking a strategy that could allow you to avoid conviction, or reduce the level of charges or penalties.
Here are some of the legal issues that a DUI defense lawyer in New York City can handle:
What Are the Long-Term Effects of a DWI Conviction?
The ramifications of a DUI conviction in New York City extend far beyond the immediate legal penalties such as fines and jail time. A DUI on your record can substantially impact your life in several ways. Financially, it can result in increased insurance premiums for years to come, which many people often underestimate. This is in addition to court fees, legal expenses, and potential contributions to mandatory state programs like the New York Drinking Driver Program.
Professionally, having a DUI on your record can restrict your career options, particularly if you work in a field that involves driving or holds strict ethical standards. Background checks may expose this part of your history, affecting your employability and potential for career advancement. Furthermore, it can impact your personal life, influencing relationships and even residency status for non-citizens, making it vitally important to approach your defense with utmost seriousness.
What to Expect During a DWI Traffic Stop in NYC?
Being pulled over for a suspected DWI in New York City is a serious situation that can have significant legal implications. Understanding what to expect during a traffic stop can help you manage the situation better and protect your rights. Initially, the officers will observe your behavior for signs of intoxication such as slurred speech, the smell of alcohol, or empty containers in the vehicle. Field sobriety tests, like walking in a straight line or other coordination exercises, may be administered at their discretion.
You may be asked to submit to a chemical test, such as a breathalyzer. Refusal to comply with this request can result in automatic license suspension due to New York's implied consent laws. Throughout the stop, it is important to remain calm, polite, and compliant with the officer's basic requests. Exercising your right to remain silent and requesting to consult with a DUI attorney before answering detailed questions can safeguard your legal rights during the process.
The Advantage of Choosing Our DUI & DWI Defense Lawyers in New York City
If the case goes to trial, our professional NYC DWI attorney will craft a defense that has the goal of establishing a high degree of reasonable doubt that you were under the influence while operating your vehicle. Our law firm is recognized as an aggressive team that gets results. With a 10.0 Superb rating from Avvo, as well as earning the 2012 Avvo Clients Choice Award, you can be confident you have come to the right place to find an aggressive defender that gets results.
Contact our firm today by calling (646) 770-0989 for DUI and DWI defense from a top-rated criminal law firm. Representation in English and Spanish, available 24/7.
Frequently Asked Questions About DWI in NYC
What Should I Do If I Fail a Field Sobriety Test?
If you fail a field sobriety test, it is crucial to remember that this is only one part of the evidence collection process and does not automatically convict you of a DUI. You should remain respectful and compliant, ensuring not to provide any statements that could be used against you. It is your right to refrain from answering questions without legal counsel present. Immediately contact a DWI attorney who can provide guidance on the next steps. A failed field sobriety test can be challenged in multiple ways by questioning the test's administration and the officer's observations, as no field test is foolproof, and external factors often affect their accuracy.
What Is the Legal BAC Limit in New York City?
In New York City, the legal Blood Alcohol Concentration (BAC) limit for general drivers is 0.08%. However, for commercial drivers, the BAC limit is lower, set at 0.04%. Individuals under 21 years of age, adhering to the zero-tolerance law, face punishment for a BAC of just 0.02%. Understanding these parameters is essential, as a BAC above the legal limit can lead to immediate arrest and subsequent DUI charges. It's crucial for drivers to be aware of these limits, as even small amounts of alcohol can threaten one's ability to operate a vehicle safely and within the law.
Can I Refuse a Breathalyzer Test in NYC?
In New York City, you have the option to refuse a breathalyzer test; however, this choice carries significant consequences. Under the state's implied consent laws, refusing to take a chemical test during a DWI investigation can result in immediate license suspension and additional fines. Furthermore, refusal can be used against you in court, potentially strengthening the prosecution's case. Before deciding, it is wise to consult with a DUI attorney familiar with New York’s legal landscape to explore your options and understand the implications fully.
What Is the Difference Between DUI and DWAI?
The distinction between DUI (Driving Under the Influence) and DWAI (Driving While Ability Impaired) in New York is largely based on the level of impairment and BAC. A DUI indicates a higher degree of impairment with a BAC of 0.08% or higher, while a DWAI may involve a BAC between 0.05% to 0.07%, or other evidence of impairment even without reaching those BAC thresholds. Penalties for DWAI are generally less severe but still carry significant legal ramifications, particularly with repeated offenses. Understanding these differences is crucial when facing such charges, as they dictate the potential penalties and defense strategy needed.
How Can a DWI Charge Affect My Employment?
A DWI charge or conviction can adversely affect your employment status, especially in industries where driving is integral or that uphold strict codes of conduct. Employers may view a DUI as a liability, affecting your standing in the workplace. Future job prospects may also be limited, as many employers run background checks that reveal such convictions. It is important to address these challenges directly and thoughtfully with legal guidance to maintain your career trajectory and mitigate damage to your professional reputation.
When you are ready to talk to a real criminal attorney, call us. Our NYC DWI attorney is prepared to fight for you from start to finish, and we are on your side.
What Sets Us Apart?
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Accessible to Clients 24/7 for emergencies only
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Career Trial Lawyers & Professional Litigators
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A Long Track Record of Positive Verdicts
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Recipient of Avvo Clients' Choice & 10.0 Superb Awards