New York City DWI Attorneys
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Those who have been charged with the criminal offense of driving while intoxicated (DWI) or driving under the influence (DUI) of drugs or alcohol can face heavy penalties that can forever alter their life. New York state typically refers to this offense as DWI. Other drivers can be substantially impacted by the drunk driver if an accident were to take place, which is why it is important to retain the legal assistance of our firm. The New York Department of Motor Vehicles explains the severe penalties that an individual can face if they are convicted of driving under the influence of drugs or alcohol.
Trafficking Laws in New York
The state of New York enforces strict penalties for trafficking. The laws surrounding these types of crimes are very complicated, which means you need a knowledgeable lawyer on your side. Trafficking charges are not strictly based on intent, like many other charges. You could be convicted simply for the amount of drugs you are found in possession of. The prosecution does not have to prove that you had the intent to sell drugs in order to convict you, making it even more crucial for you to obtain counsel.
If you have been cited for driving while under the influence, it is essential to remember that this is not a simple traffic offense that can be handled by a small fine and traffic court. A DWI is a criminal charge that can result in jail and court. If you have a blood alcohol content (BAC) level of .08% or higher or demonstrate evidence of obvious intoxication, you can face criminal charges. Penalties for this offense are very severe because they are designed to encourage drivers to never drive while intoxicated ever again. After the first offense, the penalties substantially increase.
Penalties for DWI in New York
For a first offense, it is charged as a misdemeanor with a fine of up to $1,000. It may also include a year in jail and a six-month license revocation. Penalties for a subsequent DWI offense are even more if the offense has taken place within five years of the original charge. Other aggravating factors include injuries, accidents, and minors in the vehicle. If you have been charged with a DWI in the state of New York, it is important to contact our firm at your earliest convenience. You need the best DUI lawyers in Manhattan by your side. We have extensive DWI / DUI trial experience with charges ranging from felonies to misdemeanors.
Felony DWI in New York
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If you are arrested for your first DWI offense in New York, you will most likely be facing misdemeanor charges. Under certain circumstances, a DWI offense can be charged as a felony crime. It is imperative to fight against all DWI charges, even the first to be sure that your record remains clean. While a first DWI may seem minor, if you later get arrested for a DWI again, the consequences are significantly harsher.
Some of the elements that may lead to felony charges include:
DWI with a child in the car (under age 16)
DWI with a prior conviction within 10 years
DWI with an accident injuring another individual (Vehicular Assault)
DWI with an accident killing another individual (Vehicular Manslaughter)
Penalties for Felony DWI
If your DWI offenses involves a prior offense or is considered vehicular assault, you may be facing Class E felony charges.
If the offense was vehicular manslaughter or more serious vehicular assault, the charges involved may be a Class D felony. This level of felony is punishable by:
Between $2,000 and $10,000 in fines
State prison sentence of up to seven years
Probation for five years
Driver's license revocation for at least 18 months
Driver responsibility assessment
Other penalties involved in these offenses could be community service, ignition interlock device installation, alcohol abuse assessment and more. Felony DWI charges are serious and you need to seek aggressive legal representation right away. The Law Offices Rothman, Schneider, Soloway & Stern to have experience on your side in your case.
Underage DUI/DWI in New York
In New York, the legal drinking age is 21 years old. There are some exceptions; however, and people under age 21 are allowed to drink if they are on private, non-alcohol selling property. In order for this to be legal, they need the consent of a legal guardian. Another exception would be if the alcohol consumption was for educational purposes, such as culinary school requirements. Lastly, if a legal guardian consents to the alcohol consumption and they are on alcohol-selling premises such as a restaurant or event.
If an underage driver is caught drinking and driving, the penalties are stricter than if they were over age 21. One reason for this is that underage drinkers cause a disproportionate number of fatalities that involve alcohol. Only 10% of licensed drivers are under age 21, but 14% of the DUI related fatalities in the state of NY are due to an underage drinker. In order to be driving under the influence in New York, the underage drinker would have to be above the legal limit.
The Blood Alcohol Concentration (BAC) limit for drivers under age 21 is .02%. For drivers 21 and older, the BAC level limit is .08%. If you have been charged for a DWI in New York and you are under age 21, you will need aggressive and experienced legal representation. Obtain representation from the best DUI attorney in New York City to help in your case.
Penalties for Underage DWI
The consequences of a DWI conviction when under age 21 are harsher than drivers 21 and older. For a first drunk driving conviction in New York, the driver may receive a prison sentence of up to one year, a fine between $500 and $1,000 plus a license suspension for 6 months. The driver will also be ordered an ignition interlock device installation, which ensures that their car will not start if there is alcohol in the driver's system. For a second drunk driving conviction within five years of the first, the prison time increases to between five days and four years. The fines are also increased to between $1,000 and $5,000 plus a license suspension for at least one year.
New York has an implied consent law which requires all drivers to perform a chemical test when arrested for a DWI. The driver can take either a breath, blood or urine test but they have to perform at least one. If they choose to refuse, their license will be suspended for one year and they will have to pay a $500 fine. There are also other charges that can follow an underage DWI charge in New York.
On top of being charged for drinking and driving, the driver can also receive charges for any of the following offenses:
If there were underage drunk passengers: distributing alcohol to minors
Minor in possession
Violation of child endangerment laws
If a fake ID was used to purchase alcohol: possession of a fake ID
Any other violations that the officer notices during the arrest can add to the penalties and charges. Insurance companies can also take action following an underage DWI. Some companies choose to terminate policies if you are convicted of an underage DWI. Others may just raise the cost of the premium by $100- $200 because you are now a higher risk.
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