A DUI or DWI in New York is a serious traffic crime that can cause harsh penalties for the offender. If you are arrested for a DWI, you will want to seek legal advice right away.
There are a number of complexities involved with a DWI that an experienced and professional criminal defense attorney can guide you through. These include the potential defenses and technicalities, as well as probable penalties.
Understanding the legalities of a DWI in New York is essential. It will help you to make the right decisions if that unfortunate event does occur. The Law Office of James Lynch and Associates is here to guide you through your DWI, to make sure that your rights are upheld, and to make sure unfair tactics are not used against you. We will fight for you to receive a fair penalty and to not be treated harshly.
What is the difference between DUI and DWI in New York?
While many states consider DUI and DWI to be different crimes, New York uses the terms interchangeably. In fact, in New York, the accurate name is Driving While Intoxicated, which makes the appropriate label for the offense DWI. New York also uses DWAI as an acronym for Driving While Ability Impaired.
It’s important to understand the difference between DWI and DWAI, as there are different penalties and different considerations for each. The type of offense that you are charged with will influence your fines, the length of jail time you may receive, as well as the length of license suspension.
DWI is a charge you receive when you are driving while legally intoxicated, which means that you are over the legal blood-alcohol limit of .08%. A DWAI charge is given when your BAC is between .05 and .07%.
DWAI comes with less severe penalties, however it is still a criminal offense. Whether you receive a DWI or a DWAI, you will want to seek legal assistance from the experts at The Law Office of James Lynch and Associates to help you. These are criminal charges that you won’t want to face on your own.
What Are the Penalties for a Conviction for DWI in New York?
In New York, Driving While Intoxicated is a crime. Due to the fact that alcohol can impair your judgement and coordination, serious and devastating consequences can happen whenever someone drives under the influence. In order to prevent people from driving while intoxicated or under the influence of any drugs or alcohol whatsoever, New York doles out stiff penalties for those who do.
There are a number of types of penalties for those who are charged with a DWI in New York including fines, jail time, license suspension, surcharges, insurance increases, and a criminal record.
Fines for DWI
In New York, fines for receiving a DWI are typically based on the offender’s BAC and range from $300 to $2,500. Second and third DWI charges carry fines of up to $10,000.
Jail time from DWI
One of the most serious penalties of a DWI is jail time. The amount of jail time you receive will depend on a number of factors and your attorney will help you determine the defense that you can use in hopes of getting a lighter sentence.
DWI offenders in New York will typically receive up to one year in jail for their first offense. A second and third offense within ten years can land the offender in jail for up to seven years.
Surcharge for DWI
Anyone convicted of a DWI in New York can have their license suspended or revoked for up to one year. If the license is revoked, they must reapply for a new license at the end of the revocation period instead of simply having it reinstated.
Insurance increase due to DWI
New York has a mandatory surcharge of $260 to $400 that DWI offenders will be required to pay on top of their other fines.
DWI Criminal record
After a DWI conviction, auto insurance providers tend to raise rates 76% on average. This increase lasts for at least ten years.
License suspension or revocation for DWI
A DWI is a criminal offense which means that anyone convicted of one will have a permanent criminal record. A criminal record can affect a number of key areas of one’s life, including work and housing.
Common Defenses to DWI in New York
Your experienced NY DWI attorney from The Law Office of James Lynch and Associates will be able to help you determine the best defense for your case. With a great defense, you can have your penalties reduced or even dismissed.
Common defenses for DWI in New York include the argument that the breathalyzer was faulty either due to poor test administration or inaccurate calibration. This defense can work because the protocols that police are supposed to follow are very straightforward and intentional. If the following of those protocols is called into question, the breathalyzer test may be thrown out, which can lead to a dismissal of the DWI charges.
It is also possible for an experienced attorney to dispute the results of the breathalyzer test if the offender’s BAC was very close to the limit.
Another, often more successful defense is that all evidence of the case was obtained by officers illegally. If this defense is accepted, all evidence of the DWI will be thrown out, which includes items found in the vehicle, the results of a breathalyzer test, and any statements that the defendant made to officers.
This defense accuses officers of stopping the vehicle unnecessarily without legal reasons to do so. If your attorney can show that there was no probable cause for the vehicle to be stopped and searched, then all evidence will be thrown out. In the same way, if it can be shown that officers coerced a confession from the defendant, the confession will be suppressed.
As soon as you are charged with a DWI in New York, you will want to contact The Law Office of James Lynch and Associates. The experienced team of attorneys will guide you through the legal process and help you during this difficult time. They will listen to your case and help you determine the best defense in order to receive a reduced penalty or even a dismissal.