Getting charged with a DWI is a serious matter that could lead to license suspension, hefty fines, and even jail time. If you’re facing DWI, DWAI, or other charges related to intoxicated driving, you’ll want to do everything you can to defend your freedom.
Whether you were wrongfully accused of drunk driving or your charges resulted from a temporary hiccup in judgment, the team at DWI Tom can provide you with the skilled counsel and representation you need to get the best outcome possible.
Schedule a free consultation with a New York DWI lawyer from our firm today to discuss your case and get started on building your rock-solid defense.
Charges That a New York DWI Attorney Can Fight
In New York, there are three main types of drunk driving charges. Our team is closely familiar with and has successfully defended countless clients from being convicted with all three of them. A DWI lawyer from our team in New York can help you build a strong defense against any of the following charges:
- Refusal to submit to chemical testing: If you get pulled over and are suspected of driving under the influence, the police officer will likely ask you to submit to a breathalyzer or blood test. If you refuse the test, you could face license suspension and significant fines.
- Driving while intoxicated (DWI): If you’ve been charged with a DWI, it means you’ve been accused of driving with a blood alcohol content (BAC) level of 0.08% or higher. A DWI conviction comes with the most serious consequences, as driving with a BAC that’s over the legal limit puts the public and other motorists in severe danger.
- Driving while ability impaired (DWAI): If your ability to safely operate a vehicle was impaired by alcohol or drugs when you were pulled over, regardless if your BAC was under 0.08%, you could get charged with a DWAI. A DWAI conviction could leave you with considerable fines, license suspension, and other negative consequences.
Getting convicted of any of the abovementioned charges could result in life-altering consequences, tarnish your reputation, and put a serious dent in your bank account. To protect yourself against New York’s penalties for drug and alcohol-related driving violations, you’ll need to hire a skilled attorney from our firm.
Penalties and Negative Outcomes That Our Team Can Help You Avoid
A drunk driving conviction can result in a number of different legal and extra-legal penalties that can impact your finances, employability, reputation, and freedom. We encourage you to contact a DWI attorney from New York to give yourself the best chances possible of avoiding the following penalties and outcomes of a conviction:
License suspension is one of the many legal penalties you might face after being accused of drunk driving. Our lawyers can defend you against the following levels of license suspension penalties:
- DWAI: A DWAI conviction could result in license suspension for 90 days, six months, or even one year. The length of your license suspension depends on the severity of your offense and how many DWAI convictions you’ve received in the past.
- DWI: A first-time DWI conviction comes with a minimum license suspension of six months. Second-time offenders could face a year or more of license suspension, while third-time offenses may be met with a revocation lasting as long as seven years.
- Underage DWI: If you’re under the age of 18 and get convicted of a DWI, you’ll be met with a minimum 6-month license suspension. If it’s your second offense, you could have your license revoked for a year or until you turn 21.
- Chemical test refusal: You can also have your license suspended for refusing a chemical test. If it’s your first refusal, you’ll face a year of suspension. Second-time offenders have a suspension period of 18 months. Third-time offenders face indefinite revocation with the chance to apply for reinstatement in five years.
Incarceration and Fines
Depending on your BAC level, prior convictions, and other factors, you could face significant jail time and fines from a drunk driving conviction. The DWI lawyers from our team in New York can help you understand the consequences you’re facing and defend against the following outcomes:
- DWI: Your first DWI could cost you between $500 to $2,500 in fines and may result in a maximum jail sentence of one year. A second-time offender could get fines between $1,000 and $5,000 and as much as four years of jail time. A third conviction has a mandatory fine of $2,000 to $10,000 and a maximum jail term of seven years.
- DWAI: Your first DWAI could result in $500 to $1,000 in fines and a maximum of one-year imprisonment. A second conviction could result in fines between $1,000 and $5,000 with a maximum four-year jail term. Third-time offenders are often met with between $2,000 and $10,000 in fines and a maximum jail term of seven years.
- Chemical test refusal: Refusing a chemical test can result in a $500 penalty for the first offense or a $750 penalty for an offense within five years of a prior drunk driving or chemical test refusal offense.
Insurance Premium Increase
In addition to legal penalties, a drunk driving conviction can have extra-legal consequences related to employment, education, and even auto insurance.
For example, if your insurance company sees that you have a drunk driving conviction on your record, they’ll likely raise your premium, as it’s riskier to insure individuals who have a history of driving while impaired. To avoid the insurance-related outcomes of a DWI or DWAI conviction, contact our attorneys in New York.
The majority of employers in the country perform background checks on potential employees. If an employer sees that you have a drunk driving conviction on your record, they’ll be much less likely to hire you, especially if you’re applying for a position that involves driving or operating heavy machinery.
Colleges and universities are also hesitant to accept applicants who have a history of drunk driving. To protect your right to work and earn an education, you’ll have to work with an experienced team of New York DWI lawyers.
How We Can Build a Strong Defense on Your Behalf
When you work with an attorney from our firm, they’ll examine every aspect of your case and build a comprehensive game plan geared towards defending you against the charges you’re facing. To build a solid defense strategy, your attorney will investigate your traffic stop and the actions that law enforcement took when you were pulled over.
Based on the evidence and information your DWI attorney finds, they may be able to use one of the following defense tactics:
- Claim that the police failed to follow appropriate procedures during the field sobriety test
- Claim that police didn’t have reasonable suspicion to pull you over
- Claim that officers made an error when administering the breathalyzer test
- Challenge breathalyzer test accuracy
These are just a few examples of the ways your attorney can poke holes in the prosecutor’s arguments and protect you from serious consequences. Our team of New York DWI attorneys can also navigate the process of negotiating a plea bargain to get your charges dismissed or reduced.
Schedule a Free Consultation With an Experienced Attorney
Facing the consequences of a drunk driving charge can be frightening and extremely confusing. Fortunately, an attorney can help you understand the penalties associated with your charges and develop a strategy to protect you from a life-altering conviction.
To get the skilled defense advice and representation you need to get your charges dismissed or reduced, contact the team at DWI Tom today. We’ll schedule a free consultation between you and an experienced New York DWI lawyer, so you can take the first steps toward protecting your future.