New York City DWI Lawyer
Defense for Driving While Intoxicated Charges in Queens
Driving while intoxicated (DWI) is a serious crime in New York. About one-third
of all traffic fatalities in the United States involving drivers who were
reportedly intoxicated. This has made law enforcement agencies react more
harshly towards alleged drunk drivers.
This does not mean, however, that a person who is pulled over for suspected
drunk driving has no rights. If you were pulled over and took field sobriety
tests or a breath test after a DWI arrest,
you have the right to an attorney.
New York DWI Charges: NYS Vehicle and Traffic Code § 1192
New York State Vehicle and Traffic Code § 1192 describes the criminal
offenses related to driving under the influence of alcohol or a controlled
substance and classifies these according to their severity.
There are different ways an NYC driver may be charged with an offense under this law:
"Driving while ability impaired" (DWAI) applies to operating a motor vehicle while one's normal abilities
to drive are impaired by alcohol.
"Driving while intoxicated; per se" involves driving with a blood alcohol concentration of .08% or greater
as proven by a blood, breath, urine or saliva sample analysis.
"Aggravated driving while intoxicated" involves driving with a blood alcohol concentration of .18% or greater,
or with a child under 16 years old in the vehicle.
"Driving while intoxicated" involves driving a vehicle in an intoxicated condition.
"Driving while ability impaired by drugs" involves driving a motor vehicle while one's abilities are impaired
by a drug or drugs, or driving while one's abilities are impaired
by a combination of alcohol and drugs.
"Commercial motor vehicles: per se – level I" applies to commercial driver's license holders found driving with
a blood alcohol concentration of .04% or greater.
"Commercial motor vehicles: per se – level II" applies to commercial drivers found operating a motor vehicle with a blood
alcohol concentration of .06% or greater.
Learn More About DWI Charges & Penalties
Most DWI offenses in New York are charged as misdemeanors, but there are
circumstances that may result in DWI being classified as a felony. Causing
a serious auto accident as a result of your DWI or committing multiple
DWI offenses may mean that a defendant will face felony DWI charges under
New York law.
A second or third DWI offense within 10 years of a previous DWI conviction
may result in felony charges. Multiple DWI convictions may also mean that
a driver's license will be permanently revoked. Drivers with prior
convictions on their records should take extra care when involving an
attorney to challenge new charges, as these may have serious consequences.
New York DWI Penalties
The penalties for DWI-related offenses in New York will vary depending
on a few key factors:
- The driver's blood alcohol concentration
- Whether the driver refused breath/blood testing
- If the driver has any prior DWI convictions
- Whether a child was in the vehicle at the time of the offense
- Whether the driver caused a serious traffic accident
Why You Need an Aggressive Queens DWI Attorney
If you have been arrested for DWI, make sure you take the right steps to
protect your freedom and future. A New York City DWI defense attorney
can provide the legal representation you need to
fight your DWI charges.
Even if it seems that the odds are stacked against you, you may have been
subjected to an improperly administered breath test or inaccurately graded
field sobriety tests. A skilled Queens DWI lawyer can uncover these errors
and work to build a compelling defense against your charges, helping you
avoid serious penalties.
Contact a Queens DWI Defense Attorney Today
You need to involve an attorney as soon as possible if you have been arrested
for DWI in New York City. Even a first offense may result in up to 1 year
in jail, a fine of $500-$1,000 and a 6-month driver's license revocation.
If you are an out of state driver or hold a commercial driver's license,
you may face these penalties and additional complexities that should be
addressed by a skilled professional.
Protect your future, your freedom and your driving privileges –
contact a NYC DWI defense attorney today.
We represent clients throughout all of New York, including Queens, Brooklyn,
The Bronx, Manhattan, Rockland County and Westchester County.