For many people, an arrest for DWI is their first and only contact with the criminal justice system. Someone who has had one or two drinks at a bar or restaurant, and feels okay to drive, can get arrested for DWI.
The penalties for a DWI in New York are severe, including license revocation, the possibility of probation or even a jail sentence, and being forced to live with the consequences of a criminal record. It is possible, however, to successfully defend against a charge of Driving While Intoxicated. Before pleading guilty to a crime, make sure you understand your rights. Talk to Brad E. Mazarin after a DWI arrest in New York.
DWI Offenses in New York
There are various DWI offenses in New York. The specific DWI charge which an accused citizen will face depends upon, the age of the driver, whether there was an accident, or if the driver had a child 15 years old or younger with her when she was driving. DWI and related offenses in New York include:
- 1st DWI
- 2nd DWI
- 3rd DWI
- Driving While Ability Impaired (DWAI)
- Aggravated DWI
- DWAI Drugs
- Felony DWI
- Under-21 DWI (Zero Tolerance Law)
- Commercial DWI
- Chemical Test Refusal
DWI Penalties in New York
The penalties for a DWI or DWAI in New York can impact a driver for years after their conviction. The penalties for a drunk driving conviction depend on the specific offense, driver's criminal history, BAC, and other factors. Potential penalties and collateral consequences of a DWI conviction in New York include:
- Jail time
- Fines, fees, assessments, and surcharges
- License suspension/revocation
- Lifetime revocation
- Probation
- Ignition interlock device (IID) restricted license
- Drinking Driver Program (DDP)
- Victim Assessment Panel
- Drug/alcohol testing
- Substance abuse treatment and education
- Community service
- Higher insurance rates
DWI Defense Strategy
Just because the police arrested you on suspicion of driving while intoxicated does not mean that you should be convicted. The police often fail to follow correct procedures and people are often falsely accused of DWI. It is critical, if you are arrested for DWI, that you retain a lawyer who knows the law and is willing and able to fight. Some common defenses in New York DWI cases include:
- Challenging the initial traffic stop,
- Challenging the reliance on field sobriety tests,
- Challenging inaccurate breath or blood tests, and
- The driver was not engaged in “operation of a motor vehicle.”
Even if you choose not to go to trial, having the right defense lawyer can make a big difference in the type of plea bargain that can be negotiated on your behalf. If you were arrested for DWI in New York, you need to know all of your options.
Aggressive Smart DWI Defense
With over 20 years of experience fighting for his clients, Brad Mazarin understands how to protect your rights. The successful defense of a DWI case involves working with your lawyer to develop a winning strategy together. Contact the Law Office of Brad E. Mazarin for a free consultation.