DWI Defense in New York: Legal Consequences and Defense Strategies

Driving while intoxicated (DWI) is a serious offense in New York, carrying harsh penalties that can impact your personal and professional life. Understanding DWI defense in New York is crucial for protecting your rights and navigating the legal system effectively.

New York’s DWI Laws

New York has a zero-tolerance policy for impaired driving. Key offenses include:

  • DWI (Driving While Intoxicated): Blood alcohol content (BAC) of 0.08% or higher.
  • Aggravated DWI: BAC of 0.18% or higher.
  • DWAI (Driving While Ability Impaired): Applies to both alcohol and drug-related impairments.

Consequences of a DWI Conviction

Penalties for a first-time DWI conviction in New York include:

  • Fines: $500 to $1,000.
  • License Suspension: Minimum of six months.
  • Jail Time: Up to one year.

Repeat offenses lead to harsher penalties, including felony charges. For example, a second DWI within 10 years is classified as a Class E felony, with potential imprisonment of up to four years.

Real-World Examples

  1. Westchester DWI Case: A White Plains resident was arrested for DWI after a checkpoint stop. Evidence included a BAC of 0.10%. A skilled attorney challenged the legality of the checkpoint, leading to reduced charges.
  2. Statewide Crackdowns: New York’s “Drive Sober or Get Pulled Over” campaign results in thousands of DWI arrests annually. In 2023, over 3,000 drivers were cited during holiday enforcement initiatives.

How Portale Randazzo LLP Can Help

At Portale Randazzo LLP, we provide experienced legal defense for DWI cases, focusing on:

  • Challenging breathalyzer and field sobriety test results.
  • Examining procedural errors during the arrest.
  • Negotiating reduced penalties or alternative sentencing options.

Protect Your Rights

If you’re facing DWI charges in New York, time is critical. An experienced attorney can help safeguard your driving privileges and minimize legal consequences.

Visit Portale Randazzo LLP today to learn more about your options and build a strong defense.