Need saving?New York DWI laws
If you or a loved one has been arrested for a New York DWI, you understand just how awful the process can be. You’ve been humiliated while taking field sobriety tests near the road, you were terrified as the police officer slapped the cuffs on your wrists and you were scared to death as you waited in a cold New York jail cell. You were physically trapped and now, even though you are out of jail, you still feel trapped.
Luckily, you’ve come to the right place. New York DWI lawyers at DUIlawyers.co are some of the most skilled DWI attorneys anywhere. It’s important to contact a NY DWI lawyer and speak with him or her about the facts of your case. The consultation is free, and you have nothing to lose. Our attorneys have experience defending New York DWI arrests, and you will finally feel relief knowing that a skilled lawyer is doing everything in his or her power to defend your rights.
Now that you have been arrested for New York DWI, it’s important to know what you are facing. DWI arrests in New York trigger two separate cases: an administrative action, wherein your driver’s license may be suspended; and a criminal court case, where you may face DUI penalties like jail time, excessive fines, ignition interlock device installation and more. The administrative action is performed by the New York DMV. This action sets out to suspend or revoke your driving privileges. If you’re like most New York residents, a driver’s license is one of the most important things you can own. It’s the only way you can get to work, care for your children and handle your familial responsibilities. Without a driver’s license, life can be almost impossible.
Unfortunately, the New York DMV has no interest in making sure that you can still go about your everyday life. That’s why you need to have a skilled DWI attorney in your corner. This attorney will be able to help you navigate the New York DMV administrative action, and secure the best chance for a successful outcome in your DWI case.
Secondly, your New York DWI arrest will also initiate a criminal court case. There are two different charges that may be brought against you – violation of the DWI “per se” law (which is based only on alcohol level, not driving impairment), or under a traditional “common law” theory (where the prosecution must prove that the driver is intoxicated). New York DWI arrests based upon the common law theory do not require any measurement of BAC; they may be based entirely on the opinion of the arresting officer.
New York DWI convictions may result in a variety of DWI penalties. The sentence for a NY drunk driving conviction will depend upon the particular DWI charge, and whether there are aggravating or mitigating factors. NY DWI cases can be charged as “aggravated” where your BAC is .15 or more, where there is a traffic accident, when you refuse to take the chemical test, or if you attempt to evade police or flee the scene of a DWI accident.
In addition, NY DWI penalties will vary depending upon whether the DWI charge is a misdemeanor or a felony. A misdemeanor DWI case is one than can be punished by up to one year in jail; a felony drunk driving arrest may be punished for more than a year in state prison. If this is your first DWI in New York, you are most likely charged with a misdemeanor. A felony DWI is a more serious charge, and more serious penalties are associated with that charge in case of a conviction.
If you have been stopped on suspicion of New York DWI, you have a qualified right (NOTE – not an absolute right) to consult with a DWI lawyer before deciding whether to take or refuse the chemical test. This is why it is so important to consult with an experienced New York DWI lawyer now. What have you got to lose? The consultation is free, and you’ll be so glad you spoke with an experienced attorney who has answers to your questions. Contact a New York DWI lawyer today.
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