A New York drunk driving arrest is no joke – a DWI arrest can have serious or even life-changing repercussions. Because the consequences of a drinking and driving arrest can be so severe, it’s critical to have expert legal representation. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and will outline an aggressive defense strategy that can minimize or even eliminate the negative consequences of a New York DWI arrest.

New York DWI arrests actually trigger two separate cases – in court, and at the Department of Motor Vehicles. The criminal court case carries penalties that include fines and jail time; the DMV is empowered to suspend the driving privileges of those accused of DWI or DWAI – driving while abilities are impaired by alcohol.

New York driving while intoxicated cases can be prosecuted under one of two theories – the prosecutor will seek to prove that the motorist was too intoxicated to drive safely, or violated the state’s "per se" laws, which is another way of saying the driver’s blood alcohol content (BAC) was .08 percent or greater.

Intoxication under New York state law is a condition where the motorist lacks the necessary physical and mental skills to operate a motor vehicle as a reasonable and prudent driver. New York DWI arrests based on the common law theory do not require any measurement of BAC – the case can be based entirely on the opinion of the arresting officer. However, BAC evidence is sometimes used to supplement other evidence in a common-law drunk driving case.

A per se case is based almost entirely on the results of a chemical test that indicate the driver’s BAC. However, this evidence is not ironclad. A skilled New York DWI attorney can effectively challenge the results of a blood, breath or urine test and create reasonable doubt in the driver’ guilt.

Drunk driving cases can be filed as "aggravated DWI" cases, with harsher punishment and penalties, if the driver’s BAC is .15 percent or more, if there is a traffic accident, if the driver refuses to take a chemical test, or makes an attempt to evade police or flee the scene of a drinking and driving accident.

New York DWI law allows all motorists the right to consult with a DWI lawyer before deciding whether to take or refuse the chemical test. However, while those arrested have a right to call and obtain advice from a drunk driving lawyer, the police do not have to wait for that lawyer to show up. It is critical to consult with a qualified New York DWI attorney before deciding this issue, since taking or refusing the test is an important and complicated decision following a drunk driving arrest.

DWI punishment in New York will depend upon whether the drunk driving arrest is for a misdemeanor or a felony. Misdemeanors can be punished by up to one year in jail, while felonies are punishable by more than a year in state prison.

New York has a 10-year “washout” period for drunk driving cases, meaning that if an arrest occurs more than 10 years after a prior conviction, it is treated as a first-time drinking and driving offense. However, if a second arrest falls within that 10-year period, the driver faces additional punishment.

DWI arrests can result in a variety of punishments. A first-time driving while abilities impaired by alcohol, or DWAI conviction, is considered a non-criminal "traffic infraction" which does not leave the driver with a criminal record. The driver faces a fine of $300 to $500 and up to15 days in jail.

However, if the driver has been convicted of a prior DWI / DUI offense during the past 10 years, he or she faces a $500 to $750 fine and up to 30 days in jail. If the driver has been convicted of two or more DWI offenses in New York, then a DWAI offense becomes a misdemeanor punishable by a fine of $750 to $1,500 plus up to 180 days in jail or both.

A driver convicted of a first-time DWAI faces a mandatory 90-day driver’s license suspension and a six-month suspension if the driver has a prior drunk driving conviction. However, NY courts are often willing to postpone that suspension for 20 days in order for the motorist to petition the Department of Motor Vehicles for a restricted license that will permit them to drive to and from work.

Driving while intoxicated, or DWI, is a misdemeanor in New York punishable by up to a year in jail and a fine of $500 to $1,000. The driver’s license will be suspended for six months, but a restricted license may be obtained.

A second DWI charge within 10 years will be charged as a Class E felony punishable by 16 months to four years in prison and a fine of $1,000 to $5,000. However, the court may combine the penalties imposed, depending on the circumstances. A term of six months incarceration with the balance of five years spent on probation along with the fine, license revocation and an alcohol education program is possible.

Because the repercussions of a New York drunk driving arrest are so severe, it’s critical to have expert legal representation. The top local attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline a proven defense strategy designed to protect the driver’s rights and keep negative consequences to a minimum.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.