In the state of New York, driving under the influence of alcohol or drugs is a serious offense. Given the high potential for serious injuries or fatalities due to drunk driving accidents, the penalties for driving under the influence (DUI) and driving while intoxicated (DWI) are severe. They may include a license suspension or revocation, fines, probation, mandatory DUI school and even jail time. That’s why it is so important to have a skilled DUI defense attorney on your side.

As a top New York City DUI defense lawyer, I’ll work to ensure that you get the best possible resolution of your DUI case.  I’ll listen to your story, and investigate the case to put together both factual and legal defenses to the charge. Whenever possible, I’ll negotiate a favorable deal to have the charges reduced or dismissed. If necessary, I’ll go to court for you, holding the state to its burden of proving beyond a reasonable doubt that you drove under the influence of alcohol or drugs.

Arrested for Intoxicated Driving?

In New York, driving under the influence of alcohol or drugs is a crime if certain factors exist. For alcohol, DUI/DWI is proven by measuring your blood alcohol content (BAC). For most drivers, the legal limit for driving is less than .08 percent BAC. However, if you are under the age of 21 or hold a commercial driver’s license, the legal limit is lower, at .02 percent for underage drivers and .04 percent for drivers with a commercial license.

There are many potential charges for DUI in New York City.  They include:

  • DUI: driving with a BAC of more than .08 percent but less than .18 percent
  • Aggravated DUI: driving with a BAC of .18 percent or greater
  • Felony DUI: repeat DUI offenses 
  • Underage DUI: driving with a BAC of .02 percent or greater while under age 21
  • Driving While Ability Impaired (DWAI): driving with a BAC of between .05 and .07 percent while showing signs of impairment, such as breaking traffic laws
  • DWAI Drugs: driving while under the influence of a controlled substance, with higher penalties if driving under the influence of drugs and alcohol

The possible legal consequences of being convicted of any of these charges are severe and range from paying steep fines to jail time and mandatory alcohol education classes. If you’re convicted of a DUI/DWI, you will also have your license suspended or revoked. In some situations, you may be required to install an ignition interlock device (IID) in your car in order to regain condition driving privileges. These devices require an alcohol-free breath sample to start your car and to continue driving it.  

A DUI or DWI can impact your life for years.

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Additional Consequences of A DUI Conviction

In addition to the penalties imposed by a court, a New York DUI conviction can have other consequences. Losing your license can result in serious difficulties in getting to work or school or simply in taking care of your family or living your life. A DUI conviction can also make it difficult to get affordable car insurance, which can impact your life for years to come.  

Beyond driving issues, a DUI conviction means that you have a criminal record. That can make it hard to get a job, obtain a professional license, or obtain housing. You may even be prohibited from traveling to certain countries if you have a DUI conviction on your record, including Canada.

Out-of-State Drivers Accused of Drunk Driving

If you’re an out-of-state resident accused of drunk driving, you will face legal complexities beyond what New York state residents have to deal with. While New York City can’t revoke your driving privileges in your home state, you’ll lose the right to drive in New York City if you’re convicted or while your case is pending.

You might shrug off this penalty until you realize your home state can suspend or revoke your driver’s license. Your home state may also impose hefty fines and other penalties. All of this is in addition to the penalties that New York imposes. If you find yourself in this situation. I have a clear understanding of how New York DUI laws affect out-of-state drivers. 

Different tactics to defending a DUI

There are many defenses to a DUI charge. It is possible that the lab that tested your breath or blood sample did it improperly, or that the result was a false positive due to any number of factors, such as a medical condition or rising blood alcohol. If the police violated the law in stopping or arresting you, that may also be grounds to challenge the charges against you.  

As a skilled New York City DUI defense lawyer, I’ll examine every possible aspect of your DUI case, looking for all potential factual and legal defenses to the charge. I’ll aggressively advocate for you at each step of the way, standing by your side until the case is resolved. I’m committed to helping you get back on the road as efficiently as possible.

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