DWI (Driving While Intoxicated) in New York

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Getting arrested for DWI (Driving While Intoxicated) in New York is serious. A conviction for DWI in New York can give you a criminal record and have other serious consequences, including fines, jail time, and restrictions on your ability to drive. 

If you or someone you care about was arrested for a DWI, it is very important to understand the consequences of a conviction. Having a hard working and thorough New York criminal defense lawyer for a DWI can often make a huge difference in achieving the best possible outcome under the circumstances. 

DWI stands for “Driving While Intoxicated.” In New York, the law is that you cannot drive while you’re intoxicated by alcohol or drugs. Specifically, this means that you can be charged with DWI in New York for drinking and driving if your blood alcohol level is .08% or higher. 

In fact, you can actually still be arrested for DWAI (Driving While Ability Impaired) even if your blood alcohol level was below .08% if there is evidence your drinking or drug use impaired your ability to drive. While DWAI is less serious than DWI, it often comes as a surprise to people that they can still be arrested even if they are below the legal limit. 

After a DWI arrest, the police will generally take you to the local precinct or police station, ask you to take a breath test, and then you will appear before a judge for your arraignment. At that point, the case will be handled fully in court, and you should consider hiring a qualified New York criminal defense attorney to fight your DWI charge. 

As a general matter, DWIs have serious consequences. Though most DWIs are charged as misdemeanors, this doesn’t mean they are not serious. A misdemeanor conviction can result in a criminal record, significant fines, restrictions on your ability to drive, and possibly even jail time – especially if this isn’t your first offense or if you injured someone. 

Some DWIs can be charged as a felony, which makes them even more serious. A felony DWI charge usually applies when someone was arrested for DWI with a child in their car, has a prior conviction for DWI, or caused a crash that resulted in an injury or death. A felony conviction can result in a substantial prison sentence in certain cases. 

A DWI charge can have a negative and long-lasting impact on your life. Don’t wait or take chances on your case. It is definitely a huge mistake to underestimate the seriousness of a DWI conviction. 

It is important to have a criminal defense lawyer by your side who understands the law and who will relentlessly fight for you. A strong New York DWI criminal defense lawyer can:

· Carefully examine whether the police handled the arrest properly

· Evaluate the strength of the prosecution’s case

· Relay mitigating evidence to the prosecutor and/or the court as appropriate for the purpose of getting a favorable plea offer or lighter sentence 

· Take the case to trial if the prosecutor doesn’t make a reasonable plea offer

· Fight for you in court to avoid jail time and reduce fines 

There are DWI cases where the police simply don’t follow proper protocol, which could call into question the legality of the arrest, the functioning of the breath test, and more. A diligent criminal defense attorney can identify these problems and use them to defend you in court. 

Even if the evidence is against you is strong, a skilled DWI lawyer in New York can still help you get a good deal – especially if this is your first arrest. A lawyer who takes the time to get to know you will learn a lot about you. They will learn the complete picture of who you are. That knowledge will help your lawyer discuss the things about you that mitigate the offense to seek mercy or leniency. That information can often be used to work out a favorable deal – for example, one that includes things like community service or treatment rather than jail time. 

We all make mistakes. Every single one of us. Getting arrested for a DWI doesn’t make you a bad person. You still have rights and deserve a criminal defense attorney who will listen to you, answer your questions, relentlessly fight for you, and keep you informed every step of the way. 

Michael J. McConnell is a criminal defense lawyer dedicated to helping people charged with DWI in Westchester, the Bronx, Manhattan, Queens, Brooklyn, Staten Island, and elsewhere in New York. He is a former Manhattan prosecutor who from experience knows how DWI cases are prosecuted as he handled countless DWIs during his time at the District Attorney’s Office. He can use that knowledge of how the other side thinks to help you pursue a favorable deal or fight the case at trial. 

The sooner we speak, the sooner we can help you with your DWI case. Don’t wait to speak with a lawyer. Call right now to speak directly with New York criminal defense lawyer Michael J. McConnell about your DWI.