The majority of us are aware that driving under the influence is a serious offense that can lead to severe penalties. If you are arrested for DWI, you could face hefty fines, jail time, and the suspension or revocation of your driver’s license. Even if (or when) you are allowed to drive again after a DWI conviction, you may be required to install an ignition interlock device in any vehicle you own or operate. If you are facing drunk driving charges in New York, contact our DWI attorney.
How Does New York Define DWI?
DWI refers to a driver whose blood alcohol concentration (BAC) is 0.08 percent or higher. You can also be charged with DWI if you refuse to submit to a chemical test of your breath or blood and law enforcement is unable to obtain a scientific reading.
In New York, driving while intoxicated (DWI) is a serious crime that can have severe legal repercussions. Under New York law, there are several ways to be convicted of DWI, including: • operating a motor vehicle with a blood alcohol concentration (BAC) of.02 percent or higher if under 21; • operating a motor vehicle with a BAC of.08 percent or higher; and • operating a motor vehicle while “substantially impaired.”
Penalties for DWI in New York
As stated previously, a DWI conviction can have severe consequences. Below is a summary of the DWI penalties in New York:
• First offense: a maximum of one year in jail and fines ranging from $500 to $1,000.
• Second offense: a maximum prison term of four years and fines ranging from $1,000 to $5,000.
• Third offense: a maximum prison term of seven years and fines ranging from $2,000 to $10,000
Breathalyzer and Blood Test Requirements in New York
Any driver suspected of driving while impaired is required to submit to alcohol and drug testing in New York. Following a DWI arrest, law enforcement officers are required to measure the suspect’s BAC within two hours of either the arrest or a positive portable breath test. Despite these requirements, individuals suspected of driving under the influence frequently refuse to submit to testing. Following a DWI arrest in New York, the penalties for refusing a breathalyzer or blood test are as follows:
• First offense: one-year license suspension
• License suspension for 18 months for a second offense if the suspect has a prior refusal or DWI conviction within the past five years.
• Third offense: 18-month license suspension if the suspect has been convicted of refusal or DWI within the previous five years.
Permanent license revocation is an additional potential consequence of a DWI suspect’s refusal to submit to chemical testing.
How Does New York Prove DWI?
Law enforcement uses a variety of methods, including field sobriety tests and breathalyzer, blood, or urine tests, to determine if you are intoxicated. According to New York law, a police officer who is well-versed in the physical and mental manifestations of intoxication may also express an opinion as to whether you appear to be intoxicated. As evidence of presumed intoxication, one may use a strong odor of alcohol on the breath, flushed skin, bloodshot, watery eyes, poor coordination, poor balance, and slurred speech.
How Do I Contest a Negative Field Sobriety Test?
In New York, driving under the influence of alcohol is a serious offense. Being arrested for DWI can be a life-altering experience, potentially resulting in jail time, license suspension, hefty fines, and other penalties. Frequently, DWI charges are partially based on the results of one or more field sobriety tests. Anyone charged with DWI in New York should consult a DWI attorney for assistance in challenging the results of field sobriety tests.
Legal Defenses for New York Drunk Driving Charges
Fortunately, a skilled New York City DWI attorney can use several effective defenses to contest such charges. With specialized training and extensive experience in DWI defense, the team at Barket Epstein can construct effective defenses against charges of drunk driving.
Our team of distinguished New York DWI attorneys and legal professionals may be able to construct a defense for you based on the following: • Lack of probable cause • Flawed lab results or defective equipment • Alternative reasons for appearing “intoxicated” • Errors/mistakes that do not necessarily indicate intoxication • Inaccurate field sobriety tests • Miranda rights violations • Witness testimony •
Evidence of mental vigilance
On Your Side With Our New York City DWI Attorneys
The Law Office of Benjamin Greenwald is a DWI defense attorney in Orange County, New York. Attorney Greenwald has years of experience handling DWI cases, and has a proven track record of success. He has successfully represented clients in a variety of DWI cases, including first-time offenders and repeat offenders. In addition, he has represented clients who have been charged with DWI in both State and Federal court. Attorney Greenwald is a knowledgeable and experienced DWI defense attorney who will fight for your rights. If you have been charged with DWI, contact the Law Office of Benjamin Greenwald today for a free consultation.
