NYC
DWI Lawyer

A DWI lawyer can assist you during civil proceedings, including a DMV hearing, to determine whether or not your driver’s license should be revoked. These civil proceedings are separate from any criminal charges that you may face and often vary from case to case. They can gather pertinent evidence for your DMV hearing and start building your defense, which can later be used in your criminal trial.

During your criminal proceedings, a DWI attorney can represent you in court and negotiate with prosecutors to work toward getting your charges reduced or dropped. They can advocate for you to get alternative sentencing measures, such as community service or driver’s education courses, instead of time in jail or prison. Depending on the details of your case and your criminal history, a New York DWI attorney can help optimize your overall case outcomes however possible.

In New York, there are certain factors that can lead to charges for an aggravated DUI. Aggravated DUI charges are more serious and have severe associated consequences, such as thousands of dollars in fines, years in prison, and the temporary or permanent revocation of the driver’s license. Some factors that can lead to aggravated DUI charges include:

• High BAC Level. If a driver is found to have a BAC level of 0.18% or greater, then this constitutes an aggravated DUI. This is because, legally, the maximum BAC a person can have behind the wheel is 0.08%. Plus, even if they test below 0.08%, the individual may still be too impaired to drive. Having a BAC of 0.18% or higher is considered incredibly dangerous.
• Presence of Minor. Aggravated DUI charges are imposed if a minor under the age of 15 is found in the vehicle of the driver at the time of arrest. Because minors don’t have the opportunity to speak or care for themselves, the court views driving a minor while under the influence to be very high risk.
• Harm of Associated Parties. If you were operating a vehicle while under the influence and caused an accident that injured other people, you can be charged with an aggravated DUI in New York. Severe injuries can range from concussions and broken bones to permanent damage or disabilities.
• Death of Another Individual. If another person involved in the resulting accident is killed as a result of the crash, then the subsequent charges will be aggravated. However, when fatalities are involved in DWI cases, legal proceedings can become complex quickly. This is because there are a wide range of laws addressing the accidental killing of another individual, including wrongful death and manslaughter laws.
• Existing Criminal Record. Because driving under the influence is classified as a dangerous behavior, New York implements harsher consequences with every conviction a person receives. Having repeat drunk driving offenses or being charged with a subsequent felony DWI will lead to more severe charges and penalties.

If you are facing aggravated charges as a result of circumstances that occurred during your DWI case, then an experienced DWI lawyer can help you make sense of the charges and give you the representation you need to fight for your rights. Because DUI-aggravated cases can result in serious penalties, it is important to get in touch with an attorney to represent you as soon as possible.

On top of having to spend years in prison, pay hefty fines, attend DWI courses, and have your driver’s license permanently or temporarily revoked, there are serious collateral consequences for being convicted of a felony DWI. Becoming a convicted felon affects your personal freedoms, your ability to engage in our democracy, and your opportunities to grow and progress. Collateral consequences of a felony DWI in New York may include:

• Loss of Educational Opportunities. Some colleges automatically disqualify convicted felons from being eligible to enroll in their degree programs. This affects not only your education but also your future career.
• Restricted Access to Academic Financial Support. Forms of assistance such as financial aid and federal loans are not available to convicted felons, making it more difficult for them to go back to school or get the degree they were pursuing.
• Revocation of Professional Licenses. If you are convicted of a felony, you can have your professional license, such as a nursing, teaching, or legal license, taken away.
• Inability To Pursue Professional Opportunities. After you are selected to work by an employer, they have the right under New York law to run a background check. If they perform a background check and are uncomfortable with your criminal record, they may deny your employment.

Furthermore, convicted felons lose their ability to vote, work in certain government positions, bear arms, and other critical rights. Therefore, if you are facing DWI charges, it is important to have an experienced attorney from the Law Offices of Robert Tsigler, PLLC, on your side to help fight against your charges.

The special conditions that apply for a DWI conviction vary from state to state. The type of offense will also determine the specific stipulations placed on your sentencing. Probation and the suspension of your license are two forms of punishment that accompany DWI charges. The point of probation for an individual convicted of DWI is to introduce limitations and treatment efforts to help with recovery. This period is also an opportunity to show reform and adherence to the law. Some standard conditions for a DWI conviction are supervision by a probation officer, unannounced testing, and community service.

In instances where an accused person is guilty of a subsequent offense, the court can mandate the installation of an ignition interlock device. This tool detects the presence of alcohol on the driver’s breath and disables the vehicle. In some regions, an ignition interlock device is mandatory for a second, third, and fourth DWI offense. However, a judge can also order an IID for a first offender if the installation is considered necessary for the purpose of justice.

Another special stipulation is alcohol evaluation and admission to a treatment program. The court can decide that the accused needs professional alcohol evaluation regularly to which you must submit. A court can request an individual to get treatment towards rehabilitation. The duration of the program will depend on the degree of the crime and instance of the offense.

In severe cases of driving while intoxicated, the judge may order a SCRAM bracelet– an alcohol monitoring device that has to be worn throughout. Some states have gun restrictions as part of the special circumstances for a DWI. If found guilty, you may not be able to own any firearm.

It is imperative to follow the terms of a probation sentencing to the letter. Any violation of the special conditions can lead to a violation of the sentencing, which gives a probation officer the right to report you. The breach of probationary terms can result in a jail sentence. A court can also choose to extend your probation period or impose even harsher conditions than before. Courts consider various factors before issuing special conditions for DWI convictions the type of defense will, therefore, matter a great deal, especially when facing a complicated DWI case.

Drinking while under the age of 21 is illegal in all 50 states and the District of Columbia. You make matters worse when you decide to drive while under the influence of alcohol. If you’re pulled over and it is determined that you’ve been drinking and driving, you’ve got a new set of worries to deal with.

A “Zero Tolerance” DUI law is exactly what it suggests. It applies to drivers under the age of 21 who have been caught drinking and driving. There is “zero tolerance” for such behavior so the risk is greater than it is for adults who opt to drink and drive.

You see, there are two punishable offenses. The first is underage drinking. The second is DUI.

The law frowns upon both. In fact, if you get convicted of a DUI under the “Zero Tolerance” law, you’re subject to punishment by your state. It could mean jail time for you or a fine if not both.

A DUI stays on your driving record even after you’re of legal age. The long-term implications are not worth the hassle. It is illegal for you to drink even the smallest amount of alcohol and drive.

The reason there are such strict laws against it has to do with the number of accidents that occur with drivers under the age of 21. Night-time crashes involving a single car decreased in many states after “Zero Tolerance” was adopted.

A DUI can make it difficult for you to find a job or even be trusted with a vehicle. If you were driving with passengers in the car, there is a good likelihood that the individuals or the parents of the underage riders will not want them to ride with you again. Tarnishing your reputation and breaking the law is not worth the risk.

Young people who want to drink should wait until they’re of age to do so. Even then, they should be responsible enough to find a designated driver, that is one who has not drunk alcohol, to drive them home. Hiring a taxi cab or rideshare service is advisable for drinkers of legal age.

If you are convicted on a DUI/DWI charge the court may order you to install a breath alcohol ignition interlock, also known as an ignition interlock device, on your vehicle as a condition of your probation. These devices are designed to prevent an intoxicated driver from starting the vehicle by requiring that a breath sample be provided to the device before a vehicle can be started.

Most interlock devices measure your breath sample according to your state’s definition of presumed intoxication/impairment. In most jurisdictions, this is 0.08%. If your breath sample exceeds this amount, your will be unable to start your vehicle. Some interlocks are also programmed to shut down your vehicle’s ignition for a preset period of time following a breath sample that exceeds your state’s definition of presumed intoxication. This is to prevent a driver who fails a breath test from simply having someone else provide a breath sample after the interlock detects alcohol.

If the court orders that an interlock device be installed on your vehicle, you must pay for its installation and you will probably have to present proof of installation to your probation officer or some other officer of the court. If your vehicle was impounded at the time of your arrest, you will also be responsible for paying any fees or other charges that must be paid before you can retrieve your vehicle to have the interlock installed.

Since interlock devices are expensive (typically $600 and up) your NYC dwi lawyer may be able to argue that installing such a device would impose a financial burden on you and your family. If he or she can successfully present that argument, the court may impose additional restrictions in lieu of an interlock.

As always, a DUI/DWI charge is a very serious matter. If you have been charged with this offense it is always advised that you be represented by an NYC DWI attorney who is familiar with the DUI/DWI laws in your state. Retaining the services of an aggressive NYC DWI defense attorney is always the best course of action if you are facing such charges.

Blood alcohol content, also known as BAC, is how much alcohol is currently in an individual’s bloodstream. This allows police to know how intoxicated an individual is and how it impacts their decision making. The legal limit is at or below .08 percent for every state to ensure that individuals do not operate a motor vehicle while their cognitive and physical abilities are impaired beyond an acceptable level.

Calculating BAC is simple enough to conduct and is done with a breathalyzer device on a regular basis by the police. The impaired individual breathes into the device and it measures how much alcohol is in the bloodstream in decimal form. A BAC of 0 indicates no alcohol content and any number above this indicates some level of alcohol impairment.

Impairment begins at levels as low as .02 or around two drinks for a man that is 160 pounds consumed in an hour. At this level, individuals experience a rise in body temperature and begin to relax more than usual, which can impair reaction time and decrease visual functions. It’s also more difficult for a person to do two things at the same time. A

At .05 percent BAC an individual can be charged with driving under the influence, which is a lesser charge and version of driving while intoxicated or DWI. This level of impairment includes exaggerated behavior, lower level of alertness, and difficulty with steering and slower response time to distractions such as other drivers or an animal running into the road.

At .08 percent, which is the threshold for a conviction of driving while intoxicated, muscle coordination required for balance, speech and reaction time slows and it is more difficult to exercise self-control or wise judgment. It’s not as easy to stop suddenly and it’s common to have difficulty staying in your lane.

Blood alcohol content is a way to measure the level of alcohol in an individual’s blood to determine their level of impairment. It can be a useful way for law enforcement to determine whether a person can be charged with the offense.