Driving while intoxicated (DWI) laws in New York are stringent and complex, designed to protect the public from the dangers of impaired driving. For those charged with DWI, navigating these laws can be daunting. Arthur L. Pressman, Attorney at Law, offers the experience and guidance needed to handle these serious legal matters effectively.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
The Basics of DWI Laws in New York
New York’s DWI laws encompass a range of offenses related to impaired driving. These include driving while ability impaired by alcohol (DWAI/Alcohol), driving while intoxicated (DWI), aggravated driving while intoxicated (Aggravated DWI), and driving while ability impaired by drugs (DWAI/Drugs). Each carries distinct penalties, from fines and license suspensions to imprisonment.
A DWAI/Alcohol charge applies when a driver’s blood alcohol content (BAC) is between 0.05% and 0.07%. This is considered a lesser offense than a DWI, which involves a BAC of 0.08% or higher. An aggravated DWI is charged when the BAC is 0.18% or higher, reflecting a higher level of impairment and resulting in more severe penalties. DWAI/Drugs pertains to drivers impaired by illegal or prescription drugs.
Legal Penalties and Consequences
The consequences of a DWI conviction can be life-altering. First-time offenders may face fines ranging from $500 to $1,000, potential imprisonment for up to one year, and a minimum six-month license revocation. For a second offense within ten years, penalties increase significantly, with fines up to $5,000, up to four years in prison, and a one-year license revocation. Third-time offenders within ten years can see fines up to $10,000, up to seven years in prison, and a minimum one-year license revocation.
Aggravated DWI offenses carry even harsher penalties, with fines ranging from $1,000 to $2,500 for a first offense, imprisonment up to one year, and at least a one-year license revocation. Repeat offenses lead to increased fines and longer prison sentences. Additional penalties can include mandatory installation of an ignition interlock device, mandatory alcohol or drug education programs, and community service.
I was advised by a mutual acquaintance to contact Mr. Pressman following my DWI that I received on December 28, 2015. This was the best advice that I could have been given. He was available immediately to speak with. I was put at ease after speaking with him. It was my first DWI and I had no idea what to expect. It was an isolated case of making a very foolish decision to drive. I had so much anxiety and fear of the unknown. Throughout my whole case Mr. Pressman was very reassuring and kept a positive attitude about what my outcome was going to be. He was available several times when I had random questions and never made me feel like an inconvenience. He was right! My case ended up being reduced to a violation from a misdemeanor and now I can finally begin to have my life back to normal. It was a hard lesson to learn but with the right attorney by your side the transition will be easier. Anita D.
The Arrest and Legal Process
A DWI arrest in New York typically begins with a traffic stop. Law enforcement officers may pull over a driver for erratic driving, speeding, or other traffic violations. Once stopped, the officer may conduct field sobriety tests or use a portable breathalyzer to gauge impairment. If there is probable cause, the driver will be arrested and taken to a police station for further testing, often involving a more accurate breathalyzer or blood test.
Following the arrest, the legal process begins with an arraignment, where the defendant is formally charged and enters a plea. Pre-trial motions and hearings may address the admissibility of evidence, such as the legality of the traffic stop or the accuracy of breathalyzer results. If the case goes to trial, both sides present their evidence and arguments before a judge or jury.
Defenses Against DWI Charges
Several defenses can be employed against DWI charges. One common defense is challenging the legality of the traffic stop. If the stop lacked probable cause, any evidence obtained may be inadmissible in court. Another defense involves questioning the accuracy of field sobriety tests and breathalyzers. Factors such as medical conditions, improper calibration, or operator error can affect test results.
Challenging the arresting officer’s observations and testimony can also be effective. For example, symptoms of impairment, such as bloodshot eyes or slurred speech, may have alternative explanations like fatigue or medical issues. Additionally, procedural errors during the arrest process, such as failure to read Miranda rights, can be grounds for dismissal of charges.
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The Role of Arthur L. Pressman, Attorney at Law
Navigating the complexities of DWI laws requires legal representation. Arthur L. Pressman brings extensive experience and a deep understanding of New York’s DWI laws to each case. Our firm is committed to providing personalized and strategic defense tailored to the unique circumstances of each client.
We begin by conducting a thorough review of all evidence, including police reports, breathalyzer results, and witness statements. By scrutinizing every detail, we identify weaknesses in the prosecution’s case and develop a robust defense strategy. Our goal is to achieve the best possible outcome, whether that means negotiating a favorable plea deal or securing an acquittal at trial.
Negotiating Plea Deals and Sentencing
In many DWI cases, negotiating a plea deal can be an effective strategy. A plea deal may involve pleading guilty to a lesser charge, such as DWAI/Alcohol, in exchange for reduced penalties. This can be particularly beneficial for first-time offenders seeking to avoid the more severe consequences of a DWI conviction.
At Arthur L. Pressman, Attorney at Law, we leverage our knowledge of DWI laws and our relationships with local courts and prosecutors to advocate for reduced charges and penalties. When appropriate, we also argue for alternative sentencing options, such as alcohol education programs or community service, to minimize the impact on our clients’ lives.
Case Results
Representing Clients at Trial
When a plea deal is not in our clients’ best interests, we are fully prepared to take cases to trial. Our trial experience and meticulous preparation ensure that we present a compelling defense. We cross-examine prosecution witnesses, challenge the reliability of evidence, and present our own evidence and testimony to counter the prosecution’s claims.
At trial, we aim to create reasonable doubt about the prosecution’s case. This may involve demonstrating flaws in the evidence, highlighting inconsistencies in witness testimony, or providing alternative explanations for alleged signs of impairment. Our objective is always to achieve the best possible outcome for our clients, whether that means a not-guilty verdict or a reduction in charges.
Post-Conviction Support and Appeals
Even after a conviction, there may be opportunities to mitigate the consequences. Our firm assists clients with post-conviction matters, such as appealing a conviction or seeking an expungement of their record. Appeals can be based on legal errors during the trial, such as improper admission of evidence or judicial misconduct.
Expungement, while limited in New York, may be possible in certain circumstances. We guide clients through the process of applying for expungement, which can help remove the stigma of a DWI conviction and restore their reputation. Additionally, we assist clients in complying with post-conviction requirements, such as alcohol education programs or ignition interlock device installation, to ensure they meet all legal obligations and regain their driving privileges as soon as possible.
The Importance of Early Legal Intervention
One of the most critical aspects of dealing with a DWI charge is seeking legal representation as early as possible. Early intervention allows us to preserve evidence, identify favorable witnesses, and begin building a strong defense from the outset. Prompt action can also increase the likelihood of securing a favorable outcome, whether through dismissal of charges, a plea deal, or acquittal at trial.
At Arthur L. Pressman, Attorney at Law, we understand the urgency and stress associated with DWI charges. Our team is committed to providing responsive and compassionate support, guiding clients through every step of the legal process. From the moment you contact us, we work diligently to protect your rights and achieve the best possible results.
Protecting Your Future
A DWI conviction can have far-reaching consequences, affecting not only your driving privileges but also your employment, personal relationships, and overall quality of life. The stigma of a DWI record can be damaging, making it difficult to move forward. At Arthur L. Pressman, Attorney at Law, we are dedicated to helping clients mitigate these consequences and protect their future.
Our comprehensive approach to DWI defense includes not only legal representation but also support and resources to address underlying issues such as alcohol dependency. We connect clients with rehabilitation programs, counseling services, and other resources to help them overcome challenges and make positive changes in their lives.
If you or a loved one is facing DWI charges in New York, it is essential to seek legal representation immediately. Arthur L. Pressman, Attorney at Law, offers the experience, knowledge, and dedication needed to navigate these complex legal waters. We are here to protect your rights, defend your freedom, and help you move forward with your life.
Contact our office today to schedule a consultation. Let us provide the legal support and guidance you need during this challenging time. Together, we can work towards the best possible outcome and a brighter future.