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New York DWI / DUI Lawyer

New York Drinking and Driving Defense Attorney

New York has a zero-tolerance approach to drunk driving that is enforced via the two main charges of driving while intoxicated (DWI) and driving while ability impaired (DWAI). The more common charge is DWI, which means that a driver is legally intoxicated with a blood alcohol content (BAC) of at least 0.08 percent.

The frightening thing about a DWI arrest is that it can happen to anyone. You may think there is no harm in having a few alcoholic drinks at an office party. But just imagine what may happen if you get behind the wheel later and fail to come to a complete halt at a stop sign. You could end up getting arrested and charged for a DWI offense for violating the law. DWI arrests can occur in a variety of scenarios including traffic stops, drunk driving checkpoints and car accidents.

Drunk driving charges can disrupt your life in many ways. There is a lot at stake when you are accused of a DWI in New York, even for first-time offenders. When you are in the stressful situation of being arrested for DWI, you need skilled legal representation by your side. The DWI lawyers at Brill Legal Group understand the necessity of taking swift action in order to protect your rights and driving privileges. We will help you navigate the complex state laws that govern DWI offenses.

There are many different types of DWI offenses in New York. Brill Legal Group can help you with the following:

First Offense
Repeat Offense
Aggravated DWI
Underage Drinking
DWI: Refusal of Breathalyzer
DMV License Suspension Hearings
Revocation Hearings
Boating While Intoxicated

DWI/DUI Penalties in New York

DWI offenses carry a broad range of potential penalties that increase in severity for repeat convictions. DWI convictions also become a permanent part of your record. A DWI first offense is a misdemeanor in New York, while subsequent drunk driving offenses are classified as felonies.

As drunk driving can put others in danger, there are harsh penalties even for first-time offenders. Each DWI arrest will have different consequences depending on the driver’s BAC and factors like age and circumstances of the arrest. Here are some of the penalties that individuals convicted of drunk driving may face:

• Jail time
• Fines, including up to $2,500 if BAC exceeds 0.18
• Driver’s license revocation or suspension. At least six months’ suspension for a BAC of 0.08 percent or higher. Duration of suspension typically increases for drivers with a BAC that exceeds 0.18 percent.
• Alcohol education classes
• Mandatory installation of an ignition interlock device in your vehicle that will not allow a car to start if a certain level of alcohol is detected.

DWI repeat offenders face tougher punishments including longer jail sentences, heftier fines and a longer period of driver’s license revocation. For instance, a first DWI conviction is punishable by up to a year in jail, while a second conviction can lead to a four-year sentence. The court takes previous drunk driving convictions into account during sentencing and adopts a strict approach to prevent the individual from driving while intoxicated again.

Drivers may be charged with aggravated DWI if the amount of alcohol in their bloodstream exceeds twice the legal limit — in other words, if the BAC measures 0.18 or greater. In New York, higher levels of intoxication mean tougher penalties. There are also designated penalties for underage DWI.

Fighting a DWI charge can be difficult enough, but many times prosecutors also include related charges. For example, driving drunk with a child in the vehicle will result in an Endangering a Child charge under Leandra’s Law. Other additional charges may include Driving Under the Influence of Drugs (DUID), reckless driving or fleeing a police officer. The situation could be even worse if a traffic accident occurred due to drunk driving.

With the help of an experienced New York DWI lawyer, it may be possible to reduce a felony charge to a misdemeanor. Brill Legal Group can evaluate the details of your charges to minimize potential consequences and strive for the best outcome in your case.

DWAI

In New York, the key difference between DWI and DWAI is the driver’s BAC. DWAI means that the driver’s BAC is between 0.05 and 0.07 percent, or there is other evidence that the driver is impaired. A DWAI charge is typically less severe than a DWI as it is classified as a traffic infraction. However, the precise penalties for a DWAI conviction depend on the details of the charge and whether the driver has past convictions.

A first-time DWAI conviction involving alcohol carries the standard penalties of a fine between $300 to $500, up to 15 days in jail and a 90-day mandatory driver’s license suspension. There are incrementally harsher punishments for each subsequent DWAI conviction.

Another aspect that makes a DWAI charge different from a DWI is that a DWAI specifies the presence of substances impairing the driver. A driver can be charged with DWAI-Drugs or DWAI-Alcohol depending on the substance identified in their bloodstream. Even without a blood or breath test, behavior such as slurred speech or erratic driving can trigger a DWAI-Alcohol charge.

Additionally, a DWAI-Drugs charge is not limited just to drugs like marijuana or cocaine. Some prescription drugs and over-the-counter medications can be dangerous when it comes to impairing someone’s ability to drive. In New York, it is illegal to drive while impaired by any drug, even prescription medications.

Understanding all the different driving-related charges in the state can be overwhelming and confusing. As a result, it is important to have skilled representation by your side to explain the charges against you as well as the available legal options. The DWI and DWAI attorneys at Brill Legal Group will fight to protect your driving privileges.

BAC Chemical Testing in New York

Law enforcement relies heavily on breathalyzers and BAC chemical testing when seeking a DWI conviction. However, these methods are not conclusive evidence of drunk driving and do not mean an automatic conviction. There is always a possibility that arresting officers have made errors in handling your situation, which we can use to your benefit.

New York courts have ruled that a driver arrested for suspected drunk driving must submit to a breath test for BAC. This means that if you drive a car in the state, you implicitly give your consent to being tested for alcohol in your system.

Refusal to submit to testing after being pulled over can lead to your driver’s license being revoked and other consequences such as fines or a license suspension. However, you are entitled to a DMV hearing after your refusal. In such circumstances, having a skilled DWI lawyer significantly boosts your chances of success at this hearing.

New York DWI/DUI Defense Attorney

When you are facing serious consequences for drunk driving in New York, you need an experienced defense attorney who has an in-depth understanding of the law and a successful track record of helping clients. Brill Legal Group provides effective representation to New York drivers who have been arrested for drunk driving offenses. We will help you navigate the entire legal process and fight aggressively for your rights, whether it is your first DWI arrest or a repeat offense.

Our lawyers know how to handle all types of DWI cases and understand that you cannot afford to have your driver’s license revoked or suspended. The loss of your driving privileges can affect every area of your life, such as your ability to socialize with friends or to earn a living. Our goal is to keep you on the road and ensure you stay out of jail. In addition to defending you in court, Brill Legal Group’s attorneys are experienced in handling DMV hearings. We know how to help you qualify for conditional licenses that will enable you to drive to work.

Contact Brill Legal Group today for a free consultation. We are available 24 hours a day, 7 days a week, and 365 days a year. Your call will always be answered, no matter what time of day.
Suffolk 631-204-8254Manhattan 212-233-4141Nassau 516-206-2002
Toll free 888-315-9841

Aggravated DWI

A conviction for aggravated DWI/DUI carries very stiff penalties. A conviction under Leandra’s Law, for driving drunk with a child in the car, can be even worse. But you are not convicted, yet. There are legitimate defenses that an experienced attorney can explore.

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DWI: Refusal of Breathalyzer

Under New York State law, driving is considered a privilege and not a right. The courts have ruled that a person arrested on suspicion of drunk driving must submit to a formal breath test for blood alcohol content (BAC). If you refuse the Breathalyzer, you will face automatic and severe consequences. This includes losing your license for 12 months, paying additional fines — and still being charged with a DWI.

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Boating While Intoxicated

If a boater is convicted of BWI as a first-time offender under the Navigation Law, his privilege to operate a vessel is suspended for six months, and his driver’s license is in jeopardy, too. If the operator is under 21 years of age or has a previous BWI conviction, the suspension lasts for a year. Even worse, a BWI conviction can cause your auto insurance rates to skyrocket, just as a DWI conviction will, along with your boater’s insurance.

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DMV License Suspension Hearings

The New York State DMV spells out a wide range of offenses, and each carries its own potential penalties. At Brill Legal Group, P.C., we have extensive knowledge and experience in defending clients accused of all manner of violations. We know which charges can be effectively challenged and under what circumstances. We know how to help you qualify for conditional licenses that will allow you to drive to work.

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Revocation Hearings

If your license was suspended or revoked for refusal to take a breath, blood or urine test after being pulled over for drunk driving in New York, you are entitled to a hearing to challenge the license revocation. In such circumstances, you need an experienced attorney by your side to help you protect your driving privileges. The Brill Legal Group can provide you with effective representation to guide you through the revocation hearing process.

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First Offense

Being charged with drunk driving can be a frightening experience. If you are facing a DWI charge for the first time, you may be unsure how to deal with it. As drunk driving can endanger others, DWI charges can carry harsh penalties even for first time offenders with otherwise clean records. At Brill Legal Group, we offer representation to individuals who have been arrested for drunk driving in the New York area. Our DWI defense lawyer knows how to handle such cases and can provide you with a solid defense that preserves your driving privileges and keeps you out of jail.

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Repeat Offense

Being convicted for a DWI repeat offense can have a significant impact on your future. If you have previously been charged with an alcohol-related offense, the district attorney is likely to pursue greater penalties against you. As a result, you need the attention of an experienced defense lawyer who will aggressively protect your best interests. At Brill Legal Group, we know exactly what is needed to achieve a successful outcome in your case.

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Underage Drinking

Drivers under the age of 21 make up fewer than 10 percent of the state’s licensed drivers. However, they account for 14 percent of all drunk driving-related fatalities in New York, according to research by the Foundation for Advancing Alcohol Responsibility. As a result, underage drinkers face harsher penalties than if they were at the legal drinking age. Facing a DWI charge can be a stressful experience. If you or your child has been charged with drunk driving, Brill Legal Group can help.

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Fighting to preserve your license and way of life

A drinking and driving arrest can cause you to have a criminal record for the rest of your life — you don’t want that. Nearly 100 percent of those arrested for DWI or DWAI could lose their licenses for at least a month, if not longer. Ever try to get around Long Island without a driver’s license? It’s not easy. Your job could be at stake; not to mention your social life and family life.

We can help you get a conditional license or hardship license that will allow you to drive to and from work, school, or court. Plus, we can help you get involved with AA and other treatment programs that will not only be beneficial to your overall well-being, but will look favorable in the eyes of the District Attorney as well as the judge.

Call us today if you need assistance with protecting your license, keeping your privacy, getting a hardship license or a conditional license, or vehicle forfeiture.

Not Guilty DWI Charge

Our client, a Croton-on-Hudson (Westchester County) resident, was charged in Bronx County with DWI and refusing the chemical test. Police claimed they found a half-full bottle of vodka in the client's car. After a week-long jury trial with multiple police and civilian witnesses, the jury returned a Not Guilty verdict in less than half an hour.

New York DWI Case

Our client was charged with DWI and Driving While Ability Impaired in New York County. He was found Not Guilty of all charges at trial.