DWI Lawyers in New City, NY, Helping Clients Build a Successful Criminal Defense
Everyone makes mistakes. We like to think that we are in a good enough condition to get behind the wheel of a car, but sometimes we’re only fooling ourselves. If the police ever arrest you on DWI charges, it is vitally important that you seek legal advice from an experienced Rockland County DWI defense attorney without delay.
At the law firm of Greenspan & Greenspan, our team has provided New City clients with legal services involving all manner of traffic violations and DWI arrests. While no results can ever be guaranteed in any legal matter, you can feel confident that your New City DWI attorney has the experience and knowledge necessary to help you through the process in pursuit of a satisfactory outcome.
Greenspan & Greenspan has over 30 years of experience serving New City and the surrounding Rockland County area. As your DWI defense lawyer, we will fight on your behalf to see penalties reduced, sentencing lightened, and potentially even see charges dropped entirely.
What are the Different Types of DWI Offenses in New York State?
New York laws include several variables related to DWI charges and arrests. These additional charges can result in harsher sentencing.
Various types of DWI offenses in New York include:
- Aggravated DWI
- Assault and other violent crimes
- Chemical test refusal (such as a BAC test)
- Commercial driver’s license holders charged with a DWI
- Driving while ability impaired by alcohol (DWAI)
- DWI with a child passenger
- First-time offenders
- Manslaughter
- Out-of-state and foreign national DWI offenders
- Probation violation
- Repeat offenders
- Resisting arrest or disobeying the police
- Underage DWI
- Zero Tolerance Law
Please note that every DWI charge is serious and deserves your respect. You must consult with an experienced criminal defense attorney to discuss the particulars of your case. Please contact our law office to schedule your confidential case evaluation to learn about the legal services that a New City DWI attorney can offer you.
Administrative License Hearings
What are the Potential Consequences for Being Charged with a DWI?
New York state laws have different possible penalties for each type of criminal driving offense.
Depending on a history of DWI charges, more significant penalties can be added. Penalties may also be enhanced depending on the severity of injuries and damages caused by negligent driving. Related felonies or a felony committed while under the influence could also result in harsh punishments. And those convicted for vehicular manslaughter, violent crimes, or assault with a motor vehicle could face decades behind bars.
To ensure that your rights are adequately looked after, you must hire a Rockland County DWI defense lawyer to build your criminal defense. The sooner you hire a lawyer, the better your chances will be in and out of court as the case proceeds to the next stage.
Aggravated DWI
An aggravated DWI arrest has a mandatory fine of at least $1,000, a maximum jail term of one year, and a mandatory revocation of a driver’s license for one year. If you have received two or more aggravated DWIs in less than a decade, your sentencing will be more severe, with potential fines up to $10,000 and seven years spent behind bars.
First Offense DWI
A first-time DWI or DWAI has a mandatory fine of $500, a maximum jail sentence of one year, and the loss of a license for six months.
First-time offenders over the age of 21 may be able to have a misdemeanor DWI charge reduced through a plea bargain to DWAI—driving while ability impaired. Each case is different, and there are many factors that will determine your eligibility for a reduced charge. DWAI is a traffic infraction, not a criminal offense.
Underage DWI
For a college student or teen arrested for drunk driving, zero tolerance policies and a combination of severe New York statutes can mean tough penalties. To learn about the best ways to deal with a DWI or DWAI charge related to underage drinking, contact Greenspan & Greenspan P.C. to discuss your case with an experienced defense lawyer.
Our goal in an underage drinking and driving case is to protect a young client from the worst potential consequences of a conviction. We not only consider the jail time and driver’s license revocation that could result from an underage DWI charge, but we also look out for the long-range interests of the people we serve. Will a conviction affect your standing at school or your ability to get to work? What about the risk of punishment on a future drunk driving arrest?
For a driver under 21, a blood alcohol level of just .02 percent will support a conviction of an alcohol-related offense under New York law. The underage motorist does not even have to be impaired, let alone intoxicated, in order to violate New York law.
Are you Required to do a Breath Test to Check Blood Alcohol Content?
If a police officer suspects that you are intoxicated by booze or under the influence of drugs, they may ask that you take a breathalyzer test or chemical test to determine your blood alcohol content. You may wonder if you have the right to deny a breath test.
The answer is complicated.
Yes, you may deny a breathalyzer. However, doing so will almost certainly result in fines and maybe even the revocation of your license.
In the state of New York, all licensed drivers operate under ‘implied consent’ laws. If you went through the necessary legal steps to obtain a driver’s ID so that you may drive on state and city roads, then the state requires that you follow the laws inherent in occupying those roadways. This includes taking a test to determine if you are illegally intoxicated while operating a vehicle.
If the police officer operates under all necessary civil law guidelines, you will be required to undergo the test at their request. If you refuse to do so, you may be charged with a ‘chemical test refusal.’
Plea Negotiations
Any prosecuting attorney or defense lawyer will tell you that most criminal cases are resolved through a negotiated plea agreement. To get a clear understanding of your plea options in a DWI case, contact an experienced DWI defense lawyer in Rockland County. We work in the courts of Westchester and Rockland counties practically every day, and we are highly familiar with the narrow room for plea negotiation that remains available for people charged with any drunk driving offense.
Compromising DWI Charges In Rockland Counties
Only rarely and under unusual circumstances will you have the chance to plead to a nonalcohol-related traffic offense after a DWI arrest. The usual objective for a defense attorney is to convince the prosecution to accept a DWAI violation plea as a way to compromise a misdemeanor DWI charge. If your case is charged as an aggravated DWI based on high blood alcohol concentration, a good result might well be a plea to basic DWI.
The decision to plead guilty to a criminal charge or take the case to trial always belongs to the client. It is your attorney’s job to give you accurate advice about your options and the relative strength of any potential trial defense. At the same time, your lawyer should work toward the best possible plea terms available, especially on sentencing issues.
New York law still provides for a broad range of penalties in DWI cases, and the attorneys of Greenspan & Greenspan P.C. have a good idea of what a favorable outcome looks like under the facts of a given case. We also know how to protect clients from the collateral consequences of a conviction, especially in cases where a DWI or DWAI plea could affect professional interests or family relationships.
Even if we can shake the prosecution’s confidence in its DWI case, many charges are resolved by pleading to the lesser offense of DWAI (driving while ability impaired) by alcohol. A first or second-offense conviction of DWAI is not a criminal offense, but only a traffic infraction.
Town of Clarkstown Justice Court
The Clarkstown Justice Court handles civil and criminal cases, and has criminal jurisdiction for most misdemeanor cases as well as traffic offenses. It is located at:
20 Maple Ave.
New City, NY 10956
Schedule a Free Consultation with a Rockland County DWI Defense Lawyer
If you’ve been charged with a DWI in the state of New York, it is imperative that you hire the legal representation of an experienced DWI attorney without delay. Whether your arrest relates to a probation violation or something far more deadly, the state prosecution will pursue these charges to the furthest extent of the law in an attempt to make an example out of you. The sooner your DWI attorney has a chance to begin crafting a defense, the better your chances of finding your way to a favorable outcome.
Greenspan & Greenspan serves clients across New York who’ve been arrested on DWI charges. Contact our law office to speak with a New City DWI attorney today.
You may schedule your free consultation by contacting our New City office by phone at (845) 422-8060.