Getting pulled over can turn a sociable night out into a stressful ordeal. A DWI conviction carries the very real possibility of heavy fines, jail time, and a criminal record. If you were charged with driving while intoxicated, a Long Island DWI lawyer can fight your charges. One important factor that can determine the outcome of your case is the strength and experience of your Long Island criminal defense lawyer.
The criminal defense legal team at Greco Neyland, PC, understands how stressful criminal charges can be. However, you do not have to settle for a conviction or unfavorable plea bargain agreement.
Police make errors when arresting suspects, and prosecutors sometimes move forward with weak cases that should have been dismissed. It takes an experienced criminal defense attorney to look for these and other situations that can help your case.
When you partner with Greco Neyland, PC, you gain a trusted and tireless ally who has your interests at heart. We are always honest and forthcoming about the merits of a client’s case and the potential outcomes of any decision they make.
New York’s DWI laws criminalize acts of driving under the influence. While many people associate a DWI with alcohol, a driver can be charged with a DWI if they are under the influence of any drug, including prescription drugs. The combination of drugs and alcohol can lead to severe impairment.
There are four main DWI classifications in Long Island.
Unlike some states, New York maintains a special classification for drivers who have between 0.05 and 0.07 BAC levels at the time of their arrest. Aggravated DWI refers to drivers who operate a motor vehicle with a BAC of 0.18 or higher.
There are multiple effective strategies that can lead to reduced or dropped charges. If the arresting officer violated your rights when pulling you over, your attorney can use that violation to ask the court to dismiss your charges in Long Island. Police officers must have reasonable suspicion to pull someone over. Simply driving at night is not enough for a police officer to suspect a crime.
If there is insufficient evidence to prove that you are guilty beyond a reasonable doubt, your lawyer can ask for the case to be dismissed. One way an attorney can question the evidence used against you is by looking into whether the breathalyzer used during your arrest was carefully calibrated beforehand. If not, the results of the breathalyzer test may be deemed inadmissible.
If you do not have an attorney to defend you in criminal court, you risk being pressured to prematurely plead guilty. Prosecutors may pressure you into accepting an unfavorable plea bargain agreement. An attorney can assess your case and develop strategies for securing a reduced or dropped charge.
Having legal representation also protects you from self-incrimination. If you defend yourself, anything you say could be used against you. Even if you know how to be careful when addressing the court and making legal arguments, self-representation opens you up to saying something that you later regret.
An attorney can advocate for you in several ways. By reminding the court of mitigating factors, such as a clean criminal record or your willingness to address a substance use disorder, your attorney can position you for a favorable plea bargain agreement. If the facts support your innocence, your attorney can fight to get your charges dropped and prevent the most serious penalties under the law.
A: The penalties for a first-time DWI can still be significant. First-time offenders face the potential for fines, jail time, and driver’s license revocation. Having an attorney can reduce the chances that you face the harshest penalties under the law. The primary goal of most first-time defendants is to avoid jail time.
A: Bail is set on an individual basis by a judge. Bail is not awarded in all cases, and the judge who sets bail considers public safety and whether the suspect is a flight risk. If a defendant is not granted bail, their defense attorney can ask the courts to reconsider that decision. For first-time DWI offenses, bail amounts can vary widely. In some cases, a defendant may be released on their own recognizance.
A: A first-time DWI charge can be dismissed if the defendant’s attorney finds legal grounds for calling for a case dismissal. One argument for dismissal could be insufficient evidence. If the prosecutors do not have clear and compelling evidence, they would likely be unable to prove guilt beyond a reasonable doubt.
A: In New York, any criminal conviction will stay on your criminal record indefinitely or until your attorney has the record sealed. A conviction for DWI remains on your driving record for 15 years from the date of the conviction. A conviction for Driving While Ability-Impaired by Alcohol (DWAI) says on your record for 10 years. During this time, insurance companies may view your record and set insurance premiums accordingly.
A DWI charge can lead to serious consequences that can follow you long after you serve your sentence. By fighting your charges early on, you can greatly improve your chances for a favorable outcome, which could include dropped or reduced charges. Greco Neyland, PC, understands the state’s DWI laws and how to successfully defend clients who are facing DWI charges.
From the moment we take your case, you can benefit from our legal team’s many years of experience in practicing criminal law. We can explore every strategy for resolving your case on terms you can live with. To learn more, contact our office today to schedule your DWI charge consultation.