breathalyzer<\/a> test if the offender’s BAC was very close to the limit.<\/p>\nAnother, 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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
\n\t\tYour Questions About DWI in New York, Answered\n\t<\/h2>\n\t
If you or someone you know has recently received a DWI in the state of New York, you likely have a lot of questions. We have compiled this list of frequently asked questions to assist you and guide you through the DWI process.<\/p>\n\t\t\t\t\t\t
What happens if I refuse a breathalyzer or other chemical test?<\/h3>\n\t\t\t
If you are asked to submit to a breathalyzer or other test by a police officer, you can face some pretty serious consequences, whether you end up being convicted of DWI or not. A refusal to breathalyze in New York can result in a $500 civil penalty and a license revocation of no less than one year. You could even face jail time and refusing a breathalyzer does not mean you will get out of a DWI conviction. The judge can still convict you based on other evidence collected at the scene including officer statements, dash cam video and the field sobriety test.<\/p>\n\t\t\t\t\t\t
Is drunk driving a felony in New York?<\/h3>\n\t\t\t
In New York, most cases of DWI are charged as misdemeanors. But, if you are charged with aggravated DWI, that can be charged as a felony. If you get two or three DWIs during a 10 year span, those can also be charged and prosecuted as felonies.<\/p>\n\t\t\t\t\t\t
Is it possible to win a New York DWI case?<\/h3>\n\t\t\t
Yes, it is certainly possible to win a DWI case in New York. The outcome depends on the evidence and facts of the face and how the case is presented. That is why it is so important that you are represented by a qualified lawyer with ample experience fighting and winning DWI cases in court. Our attorneys have a history of winning these types of cases, and if a win is not possible, a lot of the times we are able to get the charges reduced.<\/p>\n\t\t\t\t\t\t
What are the possible Penalties for a New York DWI conviction?<\/h3>\n\t\t\t
How you are penalized for a DWI in New York depends on your DWI conviction history and the seriousness of the offense you are charged with, your BAC at the time of arrest and whether it is a traffic infraction, misdemeanor or something more serious like a felony. Based on those factors, the DWI in New York penalties range from:<\/p>\n
\n- A fine from $300 up to $10,000<\/li>\n
- Up to 7 years in jail<\/li>\n
- Probation<\/li>\n
- Installation of an ignition interlock device on your vehicle <\/li>\n
- A driver assessment for three years for $250<\/li>\n
- Suspension or revocation of your driver’s license<\/li>\n
- In addition to these judicial consequences, it is likely that your insurance premiums will increase for a few years.<\/li>\n<\/ul>\n\t\t\t\t\t\t
How long does a DWI stay on my driving record in NY?<\/h3>\n\t\t\t
In New York, drug-related or alcohol offenses will stay on your driving record for 10 years.<\/p>\n\t\t\t\t\t\t
What is a conditional license?<\/h3>\n\t\t\t
A conditional license is one that allows you to drive to work, your doctor’s office, school or your children’s school or daycare and alcohol or drug treatment programs. A conditional license only allows you to drive during a specific time period that is decided on by the court. If you violate that, your license will be revoked permanently. However, depending on how high your BAC was, you may be ineligible to receive a conditional license. But, an experienced attorney should be able to challenge that revocation.<\/p>\n
We understand that getting charged with DWI can be an embarrassing, sometimes shameful and scary time. That is why it is so important that you find superb legal counsel to guide you through the court process and help you get the best outcome for your case. Please contact us with any questions or concerns you may have about the DWI process in New York.<\/p>\n\n","protected":false},"excerpt":{"rendered":"
New York DWI Attorney Fix My Ticket! Call Now: (833) 533-3668 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…<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":26,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_seopress_robots_primary_cat":"","_seopress_titles_title":"New York DWI Attorney | Law Office of James Lynch and Associates","_seopress_titles_desc":"If you receive a DWI NY please do not hesitate to contact The Law Office of James Lynch & Associates immediately. We can help you formulate your defense and represent you in court.","_seopress_robots_index":"","footnotes":""},"_links":{"self":[{"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/pages\/1120"}],"collection":[{"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/comments?post=1120"}],"version-history":[{"count":5,"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/pages\/1120\/revisions"}],"predecessor-version":[{"id":1456,"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/pages\/1120\/revisions\/1456"}],"up":[{"embeddable":true,"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/pages\/26"}],"wp:attachment":[{"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/media?parent=1120"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}