Driving While Intoxicated in New York
Uploaded on: Jun 13, 2022
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Duration: 2.5 Min

Video Description

Driving While Intoxicated, also known as a DWI or DUI, is one of the most severe charges a New York driver can face. Not only can a DWI conviction lead to fines, jail time, and suspension of your driver’s license, but it will also lead to a permanent criminal record. For that reason, you should make sure you’re represented by an attorney if you face DWI charges.

WHAT IS A DWI?

New York law defines a DWI as driving with a blood-alcohol content of 0.08 or higher. New York also has a zero-tolerance law for underage drinkers, meaning anyone under 21 can be found guilty of a DWI if they have a blood-alcohol content of 0.02 or higher. Although the law refers to blood-alcohol content, a person can also be convicted of a DWI if they display evidence of impairment, such as slurred speech, erratic driving, and bloodshot eyes, even without a breath or blood test.

WHAT ARE THE PENALTIES FOR A DWI?

The penalties for a DWI vary based on blood-alcohol content and whether it’s a first offense. Even for a first offense at .08 blood-alcohol, you face fines and fees from $560-900, up to 15 days in jail, and a driver’s license suspension of up to 90 days. Penalties only go up from there; more intoxicated or repeat offenders can get fines up to $10,000 and years in prison.

Additionally, any DWI will result in higher car insurance premiums and a criminal record. A criminal record will make it harder for you to find a job, housing, or credit, and it can also impact your immigration status. Bottom line: you don’t want to be convicted of a DWI.

HOW DO I BEAT A DWI CHARGE?

Depending on the specifics of your case, there are several defenses we can use. The most common defense is checking whether the breath test was properly calibrated and if police followed protocol. If not, the charge can be thrown out. Another defense is if the police didn’t have probable cause to stop you in the first place. If they didn’t, all the evidence from the traffic stop, including any breath test, has to be thrown out, which usually kills the prosecutor’s case. These are both very technical arguments, and you’re better off if you have an experienced lawyer to make them for you. 

WHO SHOULD I CONTACT IF I’M CHARGED WITH A DWI?

If you’ve been charged with a DWI, you need an experienced traffic attorney to represent you. Contact Rosenblum Law today. We have a strong track record of helping New York drivers beat DWI charges, and we’ll fight our hardest to get you the best possible outcome.

Why Choose Rosenblum Law?

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The NACDA voted us “Top 10” in criminal defense
100+ Years of combined legal experience
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