Rockland County DWI Lawyer
Driving While Intoxicated (DWI) is far from a uniform charge, and different people may be arrested for DWI under differing circumstances. Every DWI case is unique, which means that each case may demand a critical eye to form an appropriate defense strategy. A Rockland County DWI lawyer could help you understand the charges you are facing and identify strategies that can lead to the best possible result. Speak with a skilled criminal defense attorney that could advocate for you.
Treatment of DWIs
As a rule, if a person is driving with a blood/alcohol content (BAC) of .08 percent or above, they are guilty of DWI. Furthermore, according to New York Vehicle and Traffic Law §1192, the police may request a driver submit to a breath, blood, or urine test if they suspect drunk driving. A failure to submit to such a test when requested to do so by an officer of the law is a criminal act in and of itself.
If these tests indicate that a person’s BAC level is .18 percent or above, the ensuing charge can be upgraded to aggravated DWI, as defined by New York Vehicle and Traffic Law §1192 (2-a). However, DWI charges may also be brought based solely upon an officer’s observations. These are often backed up by field sobriety tests.
Potential Consequences of a Conviction
In many situations, DWI charges are first-time offenses. When this is the case, the allegations are treated as a violation, the lowest category of criminal offense allowable under New York Penal Law. That being said, the potential punishments listed under New York Vehicle and Traffic Law §1193 are still severe, and upon conviction may include a fine of between $300 and $500, a jail term of no more than 15 days, and a 90-day driver’s license suspension. These punishments apply only to first-time offenders over the age of 21, who have been accused of DWI due to alcohol.
New York courts treat driving while under the influence of drugs more severely. While the charge is still referred to as DWI, the potential penalties are increased to the misdemeanor level. This allows for a maximum jail sentence of up to one year and a fine of between $500 and $1,000.
There are a number of additional factors that may make a DWI more serious. These include:
- DWI with a child in the car (NY VTL §1192 (2-b))
- DWI while under the age of 21 (NY VTL §1192-a)
- DWI that causes property damage or personal injury (NY VTL §1192 (12-i))
- Subsequent DWI charges after a prior conviction (NY VTL §1193)
A Rockland County DWI lawyer could devote the time and resources necessary to mitigate the penalties that a person may face.
How a Rockland County DWI Attorney Could Help
Any allegation of DWI is a serious matter, especially for people facing charges with aggravating factors or who are looking at a subsequent conviction. When a conviction could result in a jail sentence, mandatory fines, and a required loss of license, the stakes in a DWI case are often very high.
Fortunately, a seasoned Rockland County DWI lawyer may be able to fight for you. We work with clients to identify their goals, analyze their cases, and argue for their freedom in court. Take a step forward to protect your liberty and driving privileges, and contact our firm today.