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A DWI in New York is a serious offense that can change your life forever. About one-third of the fatalities in New York are tied to impaired driving, so the state has no tolerance for anyone driving while impaired.
If you’ve been charged with a New York DWI, you need to find a drunk driving defense lawyer immediately. A DWI lawyer will examine all of the evidence surrounding your case to construct a solid defense on your behalf. Remember, being pulled over for a DWI doesn’t mean you’re automatically guilty. Protect your rights by choosing an experienced New York DUI lawyer.
You should also spend time learning the basics of New York DWI laws and penalties. After all, it’s your fate that hangs in the balance. With an understanding of the laws, you’ll be equipped to make the right decisions about your defense.
In New York, you can be charged with a DWI under 2 different theories. First, if you have a BAC that exceeds the legal limit of .08%, you’ll be arrested for drunk driving. Remember, the only thing that matters in this prosecution method is your body chemistry. In other words, you could be driving perfectly and you could ace the field sobriety tests, but if your BAC is over the legal limit, you’re considered drunk.
But just because your BAC is below .08% doesn’t mean you’re in the clear. You could also be charged with a DWAI (driving while ability impaired) if your BAC is between .05% and .07%. Often times, these cases are dependent upon your driving patterns, field sobriety test performance, and your behavior during the traffic stop. Since this is based entirely on the opinion of an officer, this evidence is biased, and it should be scrutinized by your DWI defense lawyer.
The penalties for a DWI in New York get harsher with each additional offense. To explain, you’ll receive a stiffer penalty for your third DWI than your first one. Here are the guidelines for New York DWI penalties.
Your first DWI offense includes the following penalties: up to $1000 fine, up to one year in jail, and a minimum license suspension of 6 months.
If this is your second DWI offense, your penalties include up to $5,000 in fines, up to 4 years in jail, and a minimum license suspension of one year.
For your third DWI offense in New York, your penalties include up to $10,000 in fines, up to 7 years in jail, and a minimum one year license revocation.
Keep in mind, these penalties may be increased if the convictions occur within 5 years of one another, your BAC is .15% or higher, or if you’re involved in an auto accident.
Lastly, New York has zero tolerance laws for minors who drink and drive. The penalties for minors can be harsh.
Have you been charged with a DWI in New York? You need to act quickly to save both your license and your freedom. Your first call should be to a New York DWI lawyer who can protect your rights throughout this challenging time. Remember, not every lawyer is skilled in DWI laws, so make sure your lawyer practice DWI cases on a routine basis.
With Ticket Void, finding the right lawyer for your needs is fast and easy. You can get started now just by clicking on the city nearest you below. Get the defense you deserve today!
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