New York has a zero-tolerance policy on drunk driving. A DUI arrest is alarming because it may happen to anyone. You may believe that drinking a few alcoholic beverages at a workplace party is harmless. But consider what could occur if you subsequently get behind the wheel and fail to come to a complete stop at a stop sign. If you violate the law, you could be arrested and charged with a DWI violation. DUI arrests can occur in a variety of circumstances, including traffic stops, checkpoints for drunk driving, and car accidents.
When you are in the stressful circumstance of getting arrested for DUI, you require the assistance of an experienced attorney. The DUI attorneys at Benjamin Greenwald recognize the need for prompt action to safeguard your rights and driving privileges. We will assist you in navigating the intricate state legislation governing DUI crimes.
In New York, there are numerous sorts of DWI offenses. We can offer assistance with the following:
• First Offense • Second Offense • Aggravated DUI • Underage Drinking • DUI: Breathalyzer Refusal • DMV License Suspension Hearings • Revocation Hearings • Boating While Intoxicated
DUI Consequences in New York
DUI violations are punishable by a variety of sanctions, which grow in severity for subsequent convictions. DUI convictions are also permanent on a person’s record. In New York, a first offense DUI is categorized as a misdemeanor, whereas subsequent crimes are classified as felonies.
As driving under the influence puts others in danger, even first-time offenders face severe penalties. Each DWI arrest will have varied consequences based on the driver’s BAC and other considerations, such as age and the arrest’s circumstances.
The following punishments may be imposed on anyone convicted of drunk driving:
• Jail time
• Fines of up to $2,500 for a BAC above 0.18
• Revocation or suspension of driving privileges A ban of at least six months is imposed for a BAC of 0.08 percent or higher. When a driver’s BAC exceeds 0.18 percent, the length of their suspension normally increases.
• Alcohol awareness classes
• Installation of an ignition interlock device that prevents the vehicle from starting if a specified quantity of alcohol is detected.
Repeat DUI offenders risk harsher penalties, including lengthier jail terms, heftier fines, and a longer driver’s license suspension. A first conviction for DUI is punishable by up to one year in jail, while a second conviction can result in a four-year sentence. During sentence, the court considers prior convictions for driving under the influence of alcohol and employs a stern approach to deter the defendant from committing the offense again.
Drivers may be prosecuted with aggravated DUI if the amount of alcohol in their system is double the legal limit, or if their BAC is 0.18 or more. In New York, harsher punishments correspond to increasing levels of intoxication. There are also specific punishments for underage drunk driving.
Fighting a DUI arrest might be difficult enough, but prosecutors frequently add additional counts. Under Leandra’s Law, drunk driving with a child in the vehicle will result in an Endangering a Child charge. Other possible accusations include Driving Under the Influence of Drugs (DUID), careless driving, or attempting to elude a police officer. The scenario would be considerably more dire if an intoxicated driver caused a traffic accident.
The Law Offices of Benjamin Greenwald may assess the specifics of your allegations to minimize potential repercussions and pursue the most favorable outcome possible.
Understanding the state’s various driving-related fees can be intimidating and perplexing. Therefore, it is essential to have competent counsel who can clarify the charges against you and the relevant legal options.
Chemical Testing for BAC in New York
When pursuing a DWI conviction, law enforcement depends largely on breathalyzers and BAC chemical tests. However, these measures do not constitute conclusive proof of drunk driving and do not automatically result in a conviction. There is always the possibility that arresting officers made mistakes in their treatment of your case, which we might exploit to your advantage.
Courts in New York have ruled that a driver accused of DUI must submit to a breath test to determine BAC. This means that if you operate a motor vehicle in the state, you implicitly consent to being tested for alcohol.
Refusing to submit to testing after being pulled over can result in the revocation of your driver’s license and other penalties, such as fines and license suspension. However, after your refusal, you are entitled to a DMV hearing. In such a situation, having a professional DWI attorney substantially increases your chances of success at this hearing.
New York Attorney for DWI/DUI Defense
When facing serious consequences for driving under the influence in New York, you need an experienced defense attorney with an in-depth knowledge of the law and a track record of successfully assisting clients. New York motorists who have been arrested for driving under the influence are effectively represented by Brill Legal Group. Whether this is your first DWI arrest or a repeat violation, we will guide you through the full legal process and fight fiercely for your rights.
If you have been charged with a crime, you need an experienced and aggressive criminal defense attorney who will fight for your rights. The Law Office of Benjamin Greenwald has successfully represented clients in Orange County, New York who have been charged with DUI, assault, theft, and other crimes. Attorney Greenwald will thoroughly investigate the facts of your case and build a strong defense to ensure that you receive the best possible outcome. He has extensive experience in the criminal justice system and is dedicated to protecting the rights of his clients. Contact the Law Office of Benjamin Greenwald today to schedule a consultation.