Last Updated on: 11th October 2023, 04:06 pm

Criminal Defense NYC DWI Lawyers: Fighting For Your Rights

Getting arrested for DWI in New York City can be a scary and overwhelming experience. As a former NYC prosecutor turned criminal defense lawyer, I’ve seen it all. Here’s what you need to know about fighting DWI charges in the city that never sleeps.

The Basics – What is DWI?

First, let’s cover the basics. DWI stands for “Driving While Intoxicated” and refers to operating a motor vehicle while under the influence of alcohol or drugs. The legal limit for blood alcohol content (BAC) in New York is 0.08%. If your BAC is 0.08% or higher, you can be charged with DWI.DWI is a misdemeanor offense, carrying penalties like up to 1 year in jail, fines up to $1000, and a 6 month license suspension for first time offenders. It’s serious business.

The Arrest – Probable Cause and Evidence

In order to make a DWI arrest, the police need “probable cause.” This means concrete facts that would lead a reasonable person to believe you were driving while impaired. Police can establish probable cause through:

• Field sobriety tests like walking a straight line or standing on one leg
• Breathalyzer or blood tests showing BAC over 0.08%
• Observing signs of intoxication like slurred speech or bloodshot eyes
• Your driving behavior like swerving or speeding

The evidence police gather during your arrest will become crucial to your defense. An experienced DWI lawyer can evaluate if there were any mistakes made in establishing probable cause or administering tests.

The Charges – It’s Not Just DWI

Prosecutors often stack additional charges on top of a DWI to increase their leverage. Common add-ons include:

• Reckless driving
• Reckless endangerment
• Open container violations
• Leaving the scene of an accident

The more charges you face, the more imperative it is to have an aggressive lawyer on your side. A top NYC DWI attorney will work to get charges reduced or dismissed wherever possible.

Your Defense – DWI Cases Can Be Beat

Don’t assume that a DWI conviction is inevitable. Skilled NYC DWI lawyers know how to build strong defenses by:

• Challenging probable cause for the initial stop
• Contesting the validity of field sobriety tests
• Excluding breathalyzer results if protocols weren’t followed
• Using exclusions for prescription medications
• Fighting the charges at suppression hearings

An experienced lawyer can also negotiate plea bargains down to lesser offenses like reckless driving. You have options.

Why Hire A Lawyer?

Trying to navigate the legal system alone after a DWI arrest is extremely unwise. An NYC DWI lawyer knows the prosecutors and judges and how to craft strategies specifically for your case. A lawyer can help you avoid:

• Maximum penalties
• Wrongful convictions
• Enhanced charges for refusing chemical tests
• Long term impacts to your criminal record

Don’t take chances with your future. Call an NYC DWI lawyer today for a free consultation.

Choosing the Right DWI Lawyer

All lawyers are not equal when it comes to DWI defense. Look for a lawyer who:

• Focuses specifically on DWI defense
• Has relationships with NYC prosecutors
• Is up to date on the latest DWI laws and defense strategies
• Has taken advanced DWI defense training
• Has a proven track record of success

I left my job as an NYC prosecutor because I wanted to help people fight these charges. Trust an inside perspective on how to beat a DWI.

The Cost of a DWI Conviction

Beyond jail time and fines, a DWI conviction can wreak havoc on your finances, career, and life. Consequences include:

• Sky-high insurance rates
• License suspension or revocation
• Probation and alcohol counseling
• Difficulty finding or keeping a job
• Immigration issues
• Custody and visitation limitations
• Future sentencing enhancements

These long-term costs make the investment in a quality lawyer well worth it.

The Waiting Game

After your arraignment on DWI charges, there is often a long waiting period before your next court date. This stressful limbo can last 6 months or even over a year in NYC.An experienced lawyer will advise you at each step, manage the delays, and prepare your strongest case in the meantime. Don’t endure this alone.

FAQs

• Should I refuse a breathalyzer? Refusing to submit to a chemical BAC test results in severe penalties. However, blowing over the limit provides evidence against you. There are pros and cons to both choices.
• What if I was stopped at a DWI checkpoint? Checkpoints cannot be randomly set up and must adhere to strict guidelines. Any deviation can invalidate the stop.
• Can I plea bargain? Yes, prosecutors often offer plea deals for DWIs, such as pleading to a lesser reckless driving charge. An NYC DWI lawyer can pursue this option.
• Do I need an ignition interlock? Probably. These devices that prevent intoxicated driving are mandatory for DWI convictions in New York.
• Will my record be cleared? No, a DWI conviction stays on your criminal record for life in New York. There is no expungement.

Take Action Today

Every day that passes after your DWI arrest makes building a defense more difficult. Witnesses’ memories fade, video evidence gets deleted, and your chances worsen.Don’t leave your fate to chance. Work with an experienced NYC criminal defense lawyer to fight your DWI charges. Protect your rights and your future.You deserve aggressive representation. Call today for a free consultation. This battle is worth fighting.