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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

Felony DWI
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.

Multiple DWI
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.

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