DWI Defense Attorney
Driving under the influence of alcohol or drugs may be one of the most common crimes in New York, and one of the least understood areas of law by defendants. In addition to the criminal penalties of a DWI conviction, a person convicted of a DWI in New York also faces the loss of his or her driver's license and the potential forfeiture of the vehicle driven during the offense. If you are accused of a DWI in New York, it is important to hire an experienced attorney early in the case to quickly begin mitigating the potential damage to your life. The attorneys at Epstein & Conroy have extensive experience representing and protecting clients accused of DWI offenses.
Under some circumstances, a person charged with a DWI in New York can have his or her license suspended even before being convicted of any crime – this is generally known as the prompt suspension law. In addition to the criminal prosecution brought against a person accused of a DWI, the law provides that an individual who refuses to submit to a chemical test may be subject to a separate civil hearing which can result in a license revocation for one year. If you have been accused of a DWI in New York, it is important to speak with an experienced DWI attorney before the time has passed to fight any negative consequences to your driver’s license.
First Time DWI
In the State of New York, a person driving with a blood alcohol content of .08 or higher is considered to be driving while intoxicated. However, this does not mean that your blood alcohol content must be over .08 in order for you to be charged with an offense. If you have been charged with a DWI for the first time in the State of New York, it is important to realize that it is a serious offense with serious potential consequences. In addition to the criminal penalties, you face the loss of your driver’s license, the potential forfeiture of your vehicle, and financial penalties imposed by your insurance company.
New York DWI Penalties
A first time Driving While Intoxicated conviction in New York is a misdemeanor offense and it carries with it the possibility of jail time, license suspension and vehicle forfeiture. A DWI can be enhanced to a more serious offense, including felony indictment, depending upon the level of the driver’s blood alcohol content and the driver’s history of DWI offenses, among other factors. The law around DWI offenses is confusing and ever-evolving. If you are accused of a DWI, it is important that you speak with an experienced attorney who understands this area of law.
New York State law contains specific provisions pertaining to defendants who drive while intoxicated and cause the death of another person. Among other factors, the seriousness of the offense depends upon the level of intoxication and the driver’s history of DWI offenses. Vehicular Manslaughter in the Second Degree (§125.12) is a class D felony while Vehicular Manslaughter in the First Degree (§125.13) is a class C felony. Aggravated Vehicular Homicide (§125.14) is a class B felony. The attorneys at Epstein & Conroy are experienced handling the most serious DWI offenses.
DUI With Injury
As with the law surrounding manslaughter, New York State law contains specific provisions regarding DWI offenses in which a person is injured. In general, the seriousness of the offense depends upon the level of intoxication of the driver, the extent of the injuries, and the driver’s history of DWI offenses. Vehicular Assault in the Second Degree (§120.03) is a class E felony while Vehicular Assault in the First Degree (§120.04) is a class D felony. Aggravated Vehicular Assault is a class C felony.
In New York, a DWI can be charged as a felony depending upon the level of the driver’s blood alcohol content and the driver’s history of DWI offenses, among other factors. New York has a 10-year “look-back” period of time – this means that any DWI offenses from the prior 10 years can be used to elevate a current DWI to a felony offense with a potential sentence of up to seven years. A felony DWI conviction can result in severe penalties, including prison time, thousands of dollars in fines, up to six years without a driver’s license, and other penalties. If you are accused of felony a DWI, your future depends upon the quality of your legal representation.
Improper Police Actions
Any solid DWI defense depends upon a thorough examination of the conduct of law enforcement during the stop your vehicle, field sobriety testing, arrest, and chemical or breath testing for blood alcohol content. If you are accused of a DWI, you need an attorney who is experienced and knows how to examine the conduct of law enforcement. Contact the attorneys at Epstein & Conroy by calling (718) 852-6763 for a free consultation to discuss your case and how we can help.