Facing a felony Driving While Intoxicated (DWI) charge can be a frightening experience, and it is a serious matter with long-lasting consequences. In New York, a DWI is charged as a felony when certain factors are present, such as previous convictions or extreme levels of intoxication. When someone is charged with a felony DWI, they face risks that go beyond fines and jail time; the stakes include long-term damage to one’s record, employment restrictions, loss of certain rights, and other life-changing penalties. Arthur L. Pressman, Attorney at Law, is committed to helping clients understand and navigate these high-stakes situations with a clear, defense-focused approach.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Arthur L. Pressman has years of experience defending clients against DWI charges. He understands that everyone’s case is different and treats each client’s situation with careful consideration. When someone chooses Arthur L. Pressman for their defense, they gain an ally who is knowledgeable in New York DWI laws and dedicated to achieving the best outcome for them.
Understanding Felony DWI Charges in New York
A felony DWI charge is more serious than a regular misdemeanor DWI. In New York, a DWI can be escalated to a felony if certain aggravating factors exist. For example, if someone has a previous DWI conviction within the last ten years, a new DWI charge may be considered a felony. Other factors that can turn a DWI into a felony include causing injury to another person, driving with a child in the car, or having a Blood Alcohol Content (BAC) well above the legal limit.
Felony DWI convictions can result in severe penalties, including prison time, large fines, lengthy probation periods, and license revocation. A felony DWI conviction may stay on someone’s criminal record permanently, which can affect their ability to secure jobs, obtain housing, or even attend certain educational programs. This is why it is critical for anyone facing a felony DWI charge to understand their options and work with an experienced defense attorney.
Arthur Pressman is who you want representing you in court. My son was pulled over and charged with 3 felonies and several misdemeanors. It was a terrible time, with my son arrested and taken to the holding center. I contacted Mr. Pressmant, and it wasn’t long before the felonies were dropped as were some of the misdemeanors. My son is now getting the help he needs. Mr. Pressman is highly respected in the court system. I am very thankful for what he was able to do. We felt like we were living a nightmare but things turned around and got better because of him. He is very professional but also a genuine nice person . I highly recommend him. J.N.O.
Arthur L. Pressman’s Approach to Defending Against Felony DWI Charges
Arthur L. Pressman’s defense strategy begins with a thorough investigation. He understands that many factors can influence the outcome of a DWI case, including the accuracy of BAC testing equipment, the procedures officers followed during the arrest, and the reasons for the initial traffic stop. Arthur L. Pressman digs deeply into these details to uncover any evidence that may weaken the prosecution’s case.
Challenging the legality of the stop is one of the first steps Arthur L. Pressman may take in defending against felony DWI charges. In New York, police officers must have a valid reason, known as “probable cause,” to pull over a driver. If the initial stop lacked probable cause, any evidence gathered afterward, such as BAC test results, may be deemed inadmissible in court. Arthur L. Pressman will look into the specifics of the stop to see if there is any basis for arguing that it was unlawful, which could lead to the case being dismissed or reduced.
Examining BAC Testing Procedures and Results
The results of a Blood Alcohol Content test are often the cornerstone of the prosecution’s evidence in a DWI case. However, these results are not always foolproof. Arthur L. Pressman scrutinizes the BAC testing process to identify any possible errors. Testing machines must be calibrated and maintained properly to deliver accurate results. If there were any issues with the machine or with how the test was administered, Arthur L. Pressman may be able to challenge the validity of the BAC results. He will also look into whether the officer conducting the test followed proper procedures, as any deviation from protocol can lead to inaccuracies in the results.
The circumstances of the test are equally important. Sometimes, medical conditions or external factors can cause BAC results to appear higher than they truly are. Conditions such as acid reflux, diabetes, or even certain diets can impact breathalyzer results. Arthur L. Pressman carefully examines each client’s health background to determine if any underlying condition may have affected their BAC reading.
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Reviewing Field Sobriety Tests and Officer Observations
Field sobriety tests are another common tool used by police officers in DWI arrests. However, these tests are often unreliable and can be influenced by factors that have nothing to do with intoxication, such as fatigue, medical conditions, or uneven road surfaces. Arthur L. Pressman reviews the details of any field sobriety tests conducted during the arrest to identify weaknesses in the prosecution’s evidence. He understands that simply appearing unsteady or struggling with balance can happen for many reasons, and he uses this knowledge to build a defense that emphasizes fairness and the need for accurate evidence.
Arthur L. Pressman also pays close attention to the observations made by the arresting officer. Police officers often write detailed reports describing the driver’s behavior, speech, and appearance. However, these observations are subjective, and factors like nervousness, tiredness, or even the environment can influence someone’s appearance or behavior. Arthur L. Pressman examines these observations to highlight any potential inaccuracies or assumptions that may have been made by the officer.
Defending Against Enhanced Penalties and Aggravating Factors
In some felony DWI cases, the prosecution seeks enhanced penalties based on aggravating factors. These factors can include having a particularly high BAC, causing an accident with injuries, or driving with a child in the car. When faced with these heightened charges, Arthur L. Pressman works to minimize the potential impact on his client. For example, if a client is accused of driving with a very high BAC, Arthur L. Pressman may challenge the accuracy of the testing equipment, as mentioned earlier. If an accident occurred, he may investigate to see if other factors besides intoxication could have contributed to the event.
Case Results
Arthur L. Pressman also examines the context in which the alleged offense occurred. For instance, if a client is charged with felony DWI due to a prior conviction, he will review the details of the previous case. If there were any questionable aspects to the earlier conviction, it may be possible to address these issues and potentially reduce the severity of the current charges.
Helping Clients Understand Their Options and Rights
One of Arthur L. Pressman’s goals is to ensure that each client understands their rights and legal options. Facing a felony DWI charge can feel overwhelming, but Arthur L. Pressman works with clients to make sure they know what to expect. He explains the legal process in simple terms, helping clients feel more comfortable and informed as they move forward. Arthur L. Pressman believes that an informed client is a more empowered client, and he takes the time to answer any questions or address any concerns his clients may have.
In many cases, Arthur L. Pressman explores alternative sentencing options or plea bargains. He understands that some clients may benefit from rehabilitation programs, community service, or other options that can reduce the impact of a felony DWI charge. While a plea deal is not always the best solution, Arthur L. Pressman considers every option to help his clients reach the most favorable outcome possible.
Preparing for Court and Presenting a Strong Defense
When a felony DWI case goes to court, Arthur L. Pressman is prepared to present a well-organized, persuasive defense. He takes the time to gather and present evidence that challenges the prosecution’s case, whether that involves questioning the legality of the traffic stop, the accuracy of BAC testing, or the reliability of officer observations. Arthur L. Pressman uses a methodical approach to show the court why the charges may be unjust or based on questionable evidence. His courtroom experience allows him to effectively communicate his client’s story, aiming to highlight any reasonable doubt in the prosecution’s case.
Arthur L. Pressman’s courtroom strategy often includes questioning the credibility of the evidence presented. He addresses any inconsistencies in the prosecution’s case, asking the court to consider whether the charges are truly supported by clear, undeniable evidence. This careful, strategic approach has helped many of his clients achieve successful outcomes in their felony DWI cases.
If you or someone you know is facing a felony DWI charge in New York, it is essential to have a strong defense. Arthur L. Pressman, Attorney at Law, understands the serious nature of felony DWI charges and is committed to defending the rights and futures of his clients. He will work with you every step of the way to explore your options, challenge the evidence, and present a compelling defense in court. With his dedication and experience, Arthur L. Pressman is here to help you pursue the best possible outcome.
For a legal partner who understands the importance of your case, contact Arthur L. Pressman, Attorney at Law, today to schedule a consultation and discuss how he can assist you in fighting your felony DWI charges.