NYC DWI Lawyer

New York City DWI Attorney

New York State has stiff penalties for DWI and aggravated DWI offenses. For any arrest in NYC, the driving under the influence cases are aggressively prosecuted. You need an experienced NYC DWI lawyer to help you fight your case. We work hard to help our clients fight for the best result. With over 22 years of trial experience, our NYC DWI lawyers can help you fight your case by deploying proven, aggressive defense strategies in order to achieve the most favorable outcome possible.

The fact that you were arrested for DWI in New York does not necessarily mean that you will be convicted. Even if you submitted to the breath test and registered a breath alcohol concentration (BAC) of .08 or above, you can still fight the charges. Whether your case involves a breath or blood test or a refusal to take the test, call us to find out more about ways to fight the charges.

At Greco Neyland, PC, a dedicated NYC DWI lawyer will fight for you and seek the best possible result for your case. We can challenge evidence, including the traffic stop itself as well as the results of DWI chemical testing of the breath or blood.

Your charges could be reduced, dismissed or you could be acquitted at trial. We will advocate for you every step of the way, including assisting you with the license suspension hearings. Have skilled DUI/DWI lawyers in NYC with experience as prosecutors on your side.

Call us at (212) 951-1300 to set up a free consultation. We represent clients throughout New York and Kings Counties and in all five boroughs.

Types Of Drunk Or Drugged Driving Violations In NYC

Under the laws of New York, crimes related to drunk or drugged driving can bring one of the following DWI charges:

• Driving While Ability Impaired by Alcohol (DWAI/Alcohol): more than .05 BAC but less than .07 BAC, or other evidence of impairment’
• Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination);
• Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug);
• Driving While Intoxicated (DWI): .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles: .04 BAC or other evidence of intoxication;
• Aggravated Driving While Intoxicated (Aggravated DWI): .18 BAC or higher;
• Aggravated DWI with a Child Passenger: A driver who is DWI when a child passenger is in the vehicle.;
• Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine);
• Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law

Read more: What Are The Defenses To DWI

What Happens After You’re Charged with a DWI in NYC?

If you have never experienced an arrest before and are unfamiliar with the criminal justice legal system, then facing criminal charges in a DWI case can be especially overwhelming and confusing. From being stopped by law enforcement, to the arrest, trial, and sentencing, a comprehensive DWI defense strategy is required in order to obtain the most favorable outcome possible for you.

Read more: 4 Things You Should Know About A First Dwi In New York

Having an experienced criminal defense lawyer to represent you during your DWI defense is critical to the success of your case. They can provide clarity to the charges that you’re facing and clearly lay out the necessary steps of the legal process so that you understand what to expect. Once you understand the specific stages of DWI charges, you can proceed with proper expectations and confidence in your drunk driving defense.

The general stages of a DWI case in New York City:

• Initial Traffic Stop: Every DWI case begins with a traffic stop by a law enforcement officer. In order to conduct a lawful stop of a driver, the officer must have probable cause, which means that they need to have reasonable suspicion to pull someone over. At that point, the officer will ask the driver for their license and proof of insurance and assess the situation.
• Field Sobriety Test: If, during the traffic stop, the law enforcement officer suspects that the driver is impaired or under the influence, then they will typically administer a field sobriety test to the driver. This test will involve both cognitive and physical tests in order to evaluate their condition. If the driver fails those tests, the officer will often request the driver to take a breathalyzer test so they can measure the driver’s blood alcohol level.It’s important to note that breathalyzer tests are not always reliable, and their accuracy can oftentimes be challenged.

Read more: Lawyer Answers To The Most Common Questions About Field Sobriety Tests

• Arrest: If the driver fails either the field sobriety test or the breathalyzer, then they will most likely be arrested for driving while intoxicated (DWI). They will be brought to the local police station to be booked and processed, which includes taking the driver’s photograph and fingerprints.
• Arraignment: Once arrested, the defendant will then be brought before a judge for a formal hearing where the driver is formally charged with DWI. During this procedure, the defendant will have the opportunity to either plead guilty or not guilty. If they plead guilty, then the judge may elect to sentence them right there. If pleading not guilty, then the case will proceed to trial.
• Sentencing: If the defendant is found guilty, then they will be sentenced accordingly. The severity and details of the official sentence will vary depending on various factors, including prior convictions, the driver’s blood alcohol level at the time of the arrest, and any other mitigating factors.

Throughout the various stages of a DWI case, it’s imperative to have experienced legal representation to ensure that your rights are not violated and that you are able to receive the outcome most beneficial for you, given the circumstances of your case. If you’ve been arrested for DWI, reach out to a trusted DWI criminal defense attorney immediately to guide you through the entire legal process.

DWI Tests Used In New York, NY

In 2011, the NYPD had 9,097 DWI arrests. A year later that number jumped 6% to 9,643 DWI arrests. During these investigations, the NYPD officer will ask the driver to perform a series of field sobriety exercises. If you take the exercises and fail, the results will be used as evidence against you if you are charged.

In many cases, the test will be a chemical test. A chemical test will test for alcohol in the breath, blood or urine. Breath tests are especially common in New York, as the officer will often have a portable device, known as a portable breath test (PBT).

Other tests might be a battery of tests known as standardized field sobriety tests (SFSTs). SFSTs test your mental and physical faculties to determine whether they have been negatively affected by drugs or alcohol – giving an indication of whether you’re DWI or DUI.

Many people refuse to submit to testing. Refusing either the SFSTs or the chemical test will deny critical evidence to prosecutors, and could result in the charges being dropped altogether.

However, there are consequences to refusing to submit to a test. Under New York Vehicle and Traffic Law § 1194(2)(a), any person who drives on public roads in New York has given his or her consent to a chemical tests. Your license will automatically be revoked if you refuse to submit to a DUI/DWI chemical test upon request by a police officer.

Read more: Driving Tips From A New York DWI Defense Attorney

There is no clear-cut answer as to whether or not it is best to refuse the chemical test. There are pros and cons to both sides of this debate. If police are unable to obtain a warrant to force you to take a blood test, prosecutors will have less evidence to prove their case, and it may make it easier for your lawyer to have the charges reduced or dismissed. The suspension or revocation of your driver’s license may be inconvenient, but if you promptly hire Greco Neyland, PC, we can request a formal hearing to challenge the administrative suspension.

Be advised however, that if you refuse to take a chemical test neither the New York County DA’s Office or the Kings County DA’s office will reduce your DWI to a DWAI (violation), as one of the requirements for a reduction is that you complied with the order to consent to a chemical test.

If you did take the test, it does not mean you are convicted. There are many faults in the accuracy of the tests. Police may fail to properly calibrate or clean them. The test results can be challenged, as can other aspects of a DWI arrest. Do not give up hope — hire an experienced NYC DWI lawyer.

Reasonable Suspicion For A Stop

A DUI arrest most often begins with a stop, in which police pulled the driver over. The exception would be if an officer arrives at the scene of an accident and suspects one or both of the parties to be intoxicated.

To pull a person over, police must have reasonable suspicion that person is committing a crime. Reasonable suspicion is an articulable set of facts that would lead an objective person to believe that criminal activity is afoot.

Police may cite driving behavior as giving them reasonable suspicion. For example, they may say that a driver was weaving in and out of lanes, driving too fast, driving aggressively or rolling through stop signs and traffic signals.

Officers, however, may not cite vague suspicions as giving them grounds to make a stop. For example, an officer cannot say that he or she pulled a person over because they were driving at 3 a.m.

If a DUI arrest began with a traffic stop in which the officer did not have sufficient reasonable suspicion, we can make a motion to suppress the arrest. In many situations, this results in the entire case being thrown out.

Commercial Driver’s DWI

Compared to other drivers, every driver holding a Commercial Driver License (Class A, B, or C) is held to a stricter Blood Alcohol Concentration (BAC) standard. A commercial driver charged with any DWI or DWAI offense while operating a vehicle that requires a CDL license faces tougher penalties after an arrest.

In fact, even a single conviction for DWI, DWAI or having a BAC of .04 or higher can result in a minimum one-year revocation of the driver’s license. The revocation period is extended to three years if the CDL holder was driving a vehicle that requires hazardous materials placards.

A second conviction within the driver’s lifetime will result in a permanent revocation. No opportunity for a waiver is even available until after the first ten years of the revocation have passed. A third conviction will result in a permanent revocation without any possibility of ever getting the commercial license back.

Additional information about the penalties for drunk or drugged driving can be found in the Commercial Driver’s Manual (CDL-10). Because of these harsh penalties, finding an experienced New York DWI lawyer for a CDL holder is particularly important.

FAQs

Q: How Much Does a DWI Lawyer Cost in NY?

A: There are many factors that contribute to the overall cost of a DWI. The cost of hiring an attorney is just one of them. Compared to the substantial increase in your monthly car insurance rates, the cost of hiring a DWI attorney and the benefits of potentially receiving a reduced penalty or even having your case dismissed are well worth it. Generally, an experienced DWI attorney in New York will cost anywhere between $3,000-$7,500, contingent upon how severe the case is.

Q: Do I Need a Lawyer for DWI in New York City?

A: Technically speaking, there is no legal requirement that says you must hire a lawyer for a DWI charge. However, it is highly recommended, given an attorney’s formal knowledge of New York DWI laws and legal procedures, trial skills, and negotiation ability, as well as access to necessary legal resources. If you’re unsure about what an experienced DWI lawyer in New York can do for you, give us a call for a free consultation.

Q: How Do I Get My DWI Dismissed in NY?

A: There are generally three primary categories of defense arguments that DWI lawyers will use to get charges dismissed in New York:

• Insufficient evidence to charge the defendant/driver: Oftentimes, the case can be dismissed here, as the burden of proof lies on the prosecution to present enough adequate evidence to move forward with convicting the defendant.
• Insufficient evidence to convict the defendant/driver: Most DWI arrests begin with a simple traffic stop. However, there are specific criteria that constitute a lawful traffic stop, and if law enforcement violates any of those criteria, then the case may be able to get dismissed.
• Procedural mistakes that negate the evidence were made by law enforcement or the state court: In addition to following the criteria for a lawful stop, law enforcement officers must have probable cause for initiating an arrest. If the case for probable cause can be reasonably argued, then that significantly increases the chances of dismissal.

Q: How Long Do You Go to Jail for a First DWI in NY?

A: According to New York state law, someone convicted of their first DWI can face a maximum jail sentence of 12 months (1 year). However, there currently is no minimum sentence length. First-time convictions can oftentimes receive reduced jail time due to negotiations by an experienced DWI attorney for alternative punishments or combining reduced jail time with fines and other penalties.

Read more: DWI In New York: What’s The Possible Punishment?

Just because you’ve been arrested for DWI does not automatically mean that you will be convicted, even if you failed your field sobriety or breathalyzer test. Your case could be dismissed for insufficient evidence or procedural mistakes, or you could receive a much more lenient penalty. You are entitled to a comprehensive defense that serves in your favor.

At Greco Neyland, PC, our team of dedicated NYC DWI lawyers will passionately challenge the prosecution and fight for you to achieve the most favorable outcome possible. Don’t hesitate to reach out to our NYC offices for more information.

Resources Related To Drunk Driving

Like any great criminal defense attorney, our many years of experience in law offices mean we can point you in the direction of resources that are useful in DWI cases.

New York State Police Traffic Safety – The NYSP patrol the state’s highways and road. NYSP officers also conduct DWI checkpoints and patrols.

New York DMV Penalties for Alcohol or Drug-Related Violations – The Department of Motor Vehicles provides information on penalties for drunk and drugged driving.

Stop DWI Criminal Justice Task Force – Visit the website for the Bronx District Attorney’s Office to learn more about the Criminal Court Bureau’s continued collaboration with NYPD and the New York City Department of Transportation (DOT). Find information on the state-funded Stop DWI program which operates throughout Manhattan and the rest of New York City. The Stop DWI Criminal Justice Task Form includes representatives from each of the City District Attorney’s Offices, the New York City Police Collision Investigators and DWI NYPD enforcement officers to coordinate citywide DWI prosecutions.

Contact A NYC DWI Lawyer Today

If you have been arrested for drunk driving in New York State and you’re facing criminal conviction or having your driving privileges taken away, you should have a law office on your side who will fight hard for the best possible result for you. Contact a skilled New York City DWI lawyer at Greco Neyland, PC. We will explore every possible avenue for your case.

Call us today at (212) 951-1300 or contact us to set up a consultation with a New York DWI lawyer – completely free of charge.

New York DWI Resources:

Our NYC criminal lawyers assist clients accused of or charged with the following:

• License Revocation Hearing
• First Offense DWI
• DWAI Defense
• Misdemeanor DWI
• Marijuana DWI
• DWI Refusal
• DWI Breath Test
• Aggravated DWI
• Commercial DWI
• Vehicular Assault DWI
• Out-Of-State DWI
• Felony DWI
• Leandra’s Law
• Ignition Interlock Device
• Zero Tolerance DWI