NYC DWI Lawyers
Put 100+ Years of Experience to Work on Your Case
Driving while intoxicated (DWI) is a serious crime in New York. About one-third of all traffic fatalities in the United States involving drivers who were reportedly intoxicated. This has made law enforcement agencies react more harshly towards alleged drunk drivers.
This does not mean, however, that a person who is pulled over for suspected drunk driving has no rights. If you were pulled over and took field sobriety tests or a breath test after a DWI arrest, you have the right to an NYC DWI attorney.
Contact Musa-Obregon Law PC today for your free consultation at (888) 502-8461. Speak with our New York City DWI lawyers!
New York DWI Charges: NYS Vehicle and Traffic Code § 1192
New York State Vehicle and Traffic Code § 1192 describes the criminal offenses related to driving under the influence of alcohol or a controlled substance and classifies these according to their severity.
There are different ways an NYC driver may be charged with an offense under this law:
- "Driving while ability impaired" (DWAI) applies to operating a motor vehicle while one's normal abilities to drive are impaired by alcohol.
- "Driving while intoxicated; per se" involves driving with a blood alcohol concentration of .08% or greater as proven by a blood, breath, urine or saliva sample analysis.
- "Aggravated driving while intoxicated" involves driving with a blood alcohol concentration of .18% or greater, or with a child under 16 years old in the vehicle.
- "Driving while intoxicated" involves driving a vehicle in an intoxicated condition.
- "Driving while ability impaired by drugs" involves driving a motor vehicle while one's abilities are impaired by a drug or drugs, or driving while one's abilities are impaired by a combination of alcohol and drugs.
- "Commercial motor vehicles: per se – level I" applies to commercial driver's license holders found driving with a blood alcohol concentration of .04% or greater.
- "Commercial motor vehicles: per se – level II" applies to commercial drivers found operating a motor vehicle with a blood alcohol concentration of .06% or greater.
Learn More About DWI Charges & Penalties
Felony DWI
Most DWI offenses in New York are charged as misdemeanors, but there are
circumstances that may result in DWI being classified as a felony. Causing
a serious auto accident as a result of your DWI or committing multiple
DWI offenses may mean that a defendant will face felony DWI charges under
New York law.
Multiple DWI
A second or third DWI offense within 10 years of a previous DWI conviction
may result in felony charges. Multiple DWI convictions may also mean that
a driver's license will be permanently revoked. Drivers with prior convictions
on their records should take extra care when involving a NYC DWI attorney
to challenge new charges, as these may have serious consequences.
Other DWI Matters
The penalties for DWI-related offenses in New York will vary depending on a few key factors:
- The driver's blood alcohol concentration
- Whether the driver refused breath/blood testing
- If the driver has any prior DWI convictions
- Whether a child was in the vehicle at the time of the offense
- Whether the driver caused a serious traffic accident
What Are Field Sobriety Tests?
Police officers who stop you on suspicion of DWI can ask you to perform a Field Sobriety Test to help determine if you are indeed intoxicated. One of three tests will likely be administered: the one leg stand test, horizontal gaze nystagmus (HGN), or the walk and turn test.
During a one leg stand test, the officer will ask you to stand on one leg and keep the other foot about six inches off the ground for 20 to 30 seconds. Officers are trained to look for signs of imbalance. When attempting to pass this test, it can help to focus on a distant object to keep your balance such as a tree or building while counting out loud.
The walk and turn test asks you to walk nine steps in a straight line stepping heel to toe, after which you will be asked to turn and walk back in the same manner. This is a similar test of balance as well as your ability to follow directions.
Signs of imbalance police look for include:
- Hesitating to regain your balance
- Starting the test before being given instructions
- Using the arms to keep your balance
- Not touching your heel to your toe
- Taking the incorrect number of steps
While performing the test well may seem simple, it can be stressful to do in the presence of law enforcement. Practicing the test beforehand at home can be beneficial.
The HGN test involves an officer asking you to follow an object such a pen or the officer’s finger with your eyes as they move it from right to left. Officers look for an involuntary jerking motion made by your eyes as you follow the object horizontally.
These tests may seem scientific but even sober people can fail them. Some people do not have a good sense of balance or medical conditions which can make it difficult to pass an HGN test in the first place.
You may feel as if you performed the test poorly, but a skilled New York City DWI lawyer can dispute the results of your test and challenge any resulting DWI charges.
Why You Need an Aggressive NYC DWI Attorney
If you have been arrested for DWI, make sure you take the right steps to protect your freedom and future. A New York City DWI attorney can provide the legal representation you need to fight your DWI charges.
Even if it seems that the odds are stacked against you, you may have been subjected to an improperly administered breath test or inaccurately graded field sobriety tests. A skilled NYC DWI lawyer can uncover these errors and work to build a compelling defense against your charges, helping you avoid serious penalties.
Contact a New York City DWI Attorney Today
You need to involve an NYC DWI lawyer from Musa-Obregon Law PC as soon as possible if you have been arrested for DWI in New York City. Even a first offense may result in up to 1 year in jail, a fine of $500-$1,000 and a 6-month driver's license revocation.
If you are an out of state driver or hold a commercial driver's license, you may face these penalties and additional complexities that should be addressed by a skilled professional.
We represent clients throughout all of New York, including Queens, Brooklyn, The Bronx, Manhattan, Rockland County and Westchester County.
Protect your future, your freedom and your driving privileges – contact a NYC DWI attorney today at (888) 502-8461.