Brooklyn, New York Drunk Driving Attorneys
In the state of New York, those convicted of drunk driving face significant fines, license suspension or revocation, and jail time. Additionally, your insurance premiums will increase significantly, you could lose your job, and you will have a criminal record.
At the Law Offices of Samuel Gregory, our attorneys work closely with people arrested for DWI and DWAI in having the charges and sentence against them either dismissed or reduced. If there is strong evidence indicating arresting officers failed to follow proper procedure or used a defective breathalyzer, we have the forensic and investigative resources needed to challenge the evidence against you. If the evidence against you is not in question, we explore alternatives to jail and license suspension that often involve community service and alcohol or drug counseling and treatment programs.
A DWI conviction can create significant legal complications that could affect your life for years to come. To learn how we can help you, contact the drunk driving lawyers at the Law Offices of Samuel Gregory today.
DWI / DUI Penalties in the State of New York
In the state of New York, different penalties attach to DWI convictions. Typically, the penalties involved are more severe if the driver is under the age of 21, has a blood alcohol (BAC) level over .18, or has previous DWI convictions. Additionally, New York has DWAI laws - Driving While Ability Impaired by Alcohol - which results in fines, jail, and license suspension even when BAC is below .08. The penalties listed below attach to Driving While Intoxicated (DWI) where BAC is over .08:
- First DWI: a fine between $500 and $1,000; up to one year in jail; a 6 month minimum license revocation.
- Second DWI within 10 years of the first: a fine between $1,000 and $5,000; up to 4 years in jail; a 1 year minimum license revocation.
- Third DWI within 10 years of the first: a fine between $2,000 and $10,000; up to 7 years in jail; a 1 year minimum license revocation
Repeat offenders may be required to install an ignition interlock device at their own expense as well. An ignition interlock device works like a breathalyzer in measuring one's BAC. When attached to a car, the car will not function unless the BAC measured is within the legal limit.
Commercial Drivers License (CDL) Holders — Cab, Truck, and Bus Drivers
Holders of a commercial driver's license are held to a stricter BAC standard. In general, holders of a commercial driver license can be arrested for DWI or DWAI if their BAC is measured at .04 or higher. A first-time conviction will result in a 1 year revocation of their license while a second conviction will result in a permanent revocation of their commercial driving license.
Challenging DWI Charges
In order to pull a driver over, an officer must have a reasonable suspicion that a law has been broken. If he suspects a driver has been drinking, he must administer a field sobriety test according to a set, standard procedure. Next, if he has established probable cause to administer a breathalyzer test after observing the results of the field sobriety test, he must properly administer a breathalyzer test on a machine which has been properly calibrated and maintained.
Failure to follow proper protocol at any stage in this process can provide grounds for dismissing the drunk driving charges against you. As your attorney, we identify improperly administered field sobriety tests and review the maintenance and performance record of the breathalyzer used. When possible, we expose mistakes on the part of police and ask the court to dismiss the charges against you.
To schedule a free, confidential consultation to discuss the particulars of your case, contact the drunk driving attorneys at the Law Offices of Samuel Gregory today.
