Rockland County DWI Lawyer

Rockland County DWI Attorney

Driving while intoxicated, or DWI, is a highly dangerous activity to engage in and could land you in serious legal trouble. A DWI charge has the potential to cause lasting damage to your future and can affect your social standing, your employment status, your personal relationships, and even your freedom. While getting arrested for a DWI can be a terrifying ordeal, it does not automatically mean you’ll be charged. A Rockland County DWI lawyer can help.

Possible Defenses Against a DWI Charge in Rockland County

Reaching out to a Rockland County criminal defense lawyer may be the most important decision you make regarding your case. New York has very strict DWI laws and subsequent penalties that could severely impact the rest of your life. In New York, if you are caught driving with a blood alcohol content (BAC) of 0.08% or higher, you may be arrested and charged with a DWI.

If your blood alcohol content is above 0.18%, you may be charged with aggravated DWI, which could land you a maximum jail sentence of one year and a mandatory fine of up to $2,500, as well as a revocation of your driver’s license.

You may think that a DWI arrest marks the end of the road for your chances, and fighting back may be mostly pointless. That’s simply not the case. There are multiple different ways to build a defense, and an experienced DWI lawyer can help you figure out what your most effective strategy may be.

Here are some possible defenses against a DWI case that you may try to use:

• Lack of Probable Cause: Under New York state law, a police officer must have probable cause that you may have committed a crime before they can legally search you, your home, or your vehicle for evidence. When it comes to a potential DWI arrest, the police officer may pull you over for swerving, driving under or over the speed limit, or engaging in reckless driving behaviors.If it is revealed that the arresting officer did not have probable cause to pull you over in the first place, any evidence that was gathered upon learning of your intoxication may not be admissible as evidence.
• Civil Rights Violations: When you are arrested, the arresting officer is required to read you your Miranda rights and inform you of the constitutional rights you have access to upon your arrest. If the officer fails to read you your rights, your lawyer may be able to argue that you were unaware of them and your rights were violated.While a failure to read you your rights may not be enough to get your case completely dismissed, it can make any evidence that was obtained from your confession or admission of guilt inadmissible in court. If the only evidence the prosecution has is your statements, it could hurt their case.
• Malfunctioning Equipment: When you are pulled over for a suspected DWI, the police officer may request that you take a breathalyzer test to determine your blood alcohol content. If the test shows a high BAC, you may be arrested for DWI. However, these tests are not 100% accurate, and certain medical conditions have been known to give an inaccurate reading.

In addition, if the breathalyzer was not properly stored or never accurately tested, it could result in faulty results. Your DWI lawyer could bring into question the accuracy of your breathalyzer test and whether or not the results have been tainted by malfunctioning equipment.

Rockland County DWI Law FAQs

Q: How Much Is a DWI Lawyer in New York?

A: There is no telling how much a DWI lawyer may cost in New York. Every lawyer charges a different fee for their services, and that fee is determined by a number of important factors. Lawyers will determine their fee by taking into account their current caseload, their availability, their experience, their education, the amount of resources they’ll have to devote to the case, how winnable the case is, and how notorious the case might be, among other factors.

Q: Do I Need a Lawyer for a DWI in Rockland County?

A: Technically, no, you do not need to hire a lawyer for your DWI case in Rockland County, New York. If you wish to proceed with your case on your own, without legal representation of any kind, feel free to do so. There is no law that says you must hire a lawyer. However, it is highly recommended that you reach out to an experienced lawyer. Having someone on your side who understands DWI laws and can anticipate what may happen in your case can only help you in the long run.

Q: What Is the Penalty for a First Offense DWI in New York?

A: The penalty for a first offense DWI in New York can be pretty steep, especially if the judge decides to give you the maximum possible penalty. For a first-offense DWI, you could face possible penalties of $1,000 in fines, one year in jail, up to three years of probation, a six-month revocation of your driver’s license, and a driver responsibility assessment (DRA) of $250 per year for three years.

Q: What Can a DWI Be Reduced to in New York?

A: It may not be possible to get your DWI reduced in New York, especially if the prosecution has a significant case against you and you have a past history of DWIs. However, if it is your first offense, it may be possible to have the charges reduced to a DWAI (driving while ability impaired), which carries lesser penalties than a DWI or even a minor traffic violation like reckless driving.

Reach Out to a DWI Lawyer Today

New York’s DWI laws can be quite strict, and if you are ever arrested for driving while intoxicated, the results can be devastating to your personal life and your criminal record. The very first thing you should do upon arrest is contact an experienced DWI lawyer who can help you figure out your next steps and work on your defense. The legal team at Greco Neyland, PC, is prepared to help you figure out what you should do to help your case. Contact us to schedule a consultation.