Staten Island
DWI Lawyer
Staten Island DWI Attorney
Drivers who operate their vehicles under the influence of alcohol, drugs, or a combination thereof can be charged with various offenses under state law, each of which carries its own set of mandatory minimum penalties. A conviction can lead to jail time, exorbitant fines, loss of driver’s license, skyrocketing insurance rates, and other consequences that can impact your life for years to come.
If you are arrested for a DWI, review the following information, then contact the Staten Island DWI lawyers at the Law Offices of Robert Tsigler to get started on your defense strategy. We understand how overwhelming a Staten Island DWI charge can be. You can trust our expertise and experience to ensure you have the best option after an arrest.
DWI Offenses and Penalties for Conviction
In New York, drivers can be charged with any of the offenses below:
- DWI (driving while intoxicated) applies to drivers who operate a vehicle with a BAC of 0.08% or over or while impaired to a “substantial extent.” In addition, the legal limit is lowered to 0.04% for commercial drivers.
- Alcohol DWAI (driving while ability impaired) applies to drivers who operate vehicles when their ability to drive in a “reasonable and prudent” manner is impaired to any extent by alcohol. Authorities often charge drivers with alcohol DWAIs if their BAC is below 0.07% but higher than 0.05%.
- Drug DWAI applies to drivers who operate a vehicle when they cannot drive in a “reasonable and prudent” manner due to drug consumption. First, second, and third offense drug DWAIs carry the same penalties as DWI offenses.
- Combination DWAI applies to drivers who operate a vehicle while impaired due to a combination of alcohol and drugs in a way that prevents them from driving like a “reasonable and prudent” person. First, second, and third offense combination DWAIs carry the same penalties as DWI and drug DWAI offenses.
- Aggravated DWI can be charged when drivers operate a vehicle with a BAC of 0.18% or higher or drive with a passenger aged 15 years or younger while impaired by alcohol.
- Zero-tolerance law violations occur when drivers under 21 years old operate a vehicle with a BAC between 0.02% and 0.07%.
- Chemical test refusal violates New York’s implied consent law mandating that any driver suspected of driving while intoxicated must submit to a chemical BAC test.
If you have been charged with DWI/DUI, contact an aggressive Staten Island criminal defense attorney at 718-878-3781. Begin your case with a consultation!
FAQs About Staten Island, NY DWI/DUI Law
What’s the Difference Between a DWI and a DWAI?
Drivers can be charged with a DWI in New York for driving with a BAC of 0.08% or over, but they can also be charged if their BAC is under the legal limit and they are impaired to any extent by alcohol or drugs. An alcohol DWAI is charged for alcohol impairment, and a drug DWAI is charged for impairment from drug use. DWAI charges are typically less serious than DWI charges unless you face a combination DWAI charge for impairment due to consuming drugs and alcohol or you injured someone in a car accident.
Can You Fight a DWI Without an Attorney?
Fighting a DWI without an attorney leaves you vulnerable to making any serious mistakes in your case that affect the outcome, including overlooking critical weaknesses in the prosecution’s case against you. A Staten Island DWI attorney can help you obtain lowered charges, reduced penalties, or even have your charges dismissed entirely.
What Are Common Defenses Against DWI Charges?
Every case is different, so defense strategies must be carefully tailored to the precise circumstances of the arrest and the charges filed against you. However, common defenses often include one of the following elements:
- You were not operating your vehicle when you were detained.
- The arresting officer did not have reasonable suspicion to conduct a traffic stop.
- The officer performed an unlawful arrest without probable cause.
- Law enforcement authorities violated your rights or did not follow proper protocol during your detainment, arrest, booking, or chemical BAC testing.
- Your BAC test results were inaccurately high due to rising blood alcohol levels between the time of your arrest and the time the test was performed.
Can a DWI Be Expunged From My Record?
DWI charges cannot be expunged from a criminal record in New York unless you were acquitted of the crime or the judge dismissed your case. However, a law passed in 2017 does allow you to seal up to two convictions for DWI or related offenses after 10 years, regardless of whether they were charged as misdemeanors or felonies. This means the general public cannot view these charges, but they are still accessible to certain government agencies. A DUI attorney in Staten Island, NY, can help you apply to seal your record.
Contact Our Staten Island DWI Defense Attorneys Today
Prosecutors aggressively pursue convictions for defendants suspected of impaired driving charges, and you need a Staten Island DWI lawyer who is prepared to defend your case just as aggressively. At the Law Offices of Robert Tsigler, our attorneys are committed to providing comprehensive representation from the very beginning of your case to protect your rights, preserve your interests, and determine the best course of action for your future. We consider our clients our number one priority and have a strong track record of successful plea agreements and winning trial verdicts. Contact us today to obtain a favorable outcome in your case.
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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.
When you go to court and the judge grants you probation instead of sentencing you to jail at that time, think of it like a second chance to learn from the mistakes that you have made. The length of probation is often determined based on the type of crime you committed and if you’ve been in trouble in the past. There are a few usual conditions that most people will have to follow when they are on probation. If you don’t follow these conditions, then you could spend time in jail or have your term extended.
You will probably be ordered to take some kind of class that goes along with the charges you received, such as a drug class. You might be ordered to attend counseling sessions either individually or in a group. You’ll usually have to take and pass drug tests. The number of tests that you have to take will usually depend on the crime you committed. If you were charged with anything involving drugs or alcohol, then you’ll usually have to take more tests than someone who is charged with shoplifting. You’ll also have to pass the drug tests that you take. If you don’t, then the probation officer can submit a violation which could mean going to jail or stricter guidelines.
Most probation conditions include avoiding certain people or locations. These would be the people who were involved in the crime committed and locations where you aren’t wanted or where you could get in trouble again. You are not to commit another crime while you’re on probation. Another condition that is often required of people who are on probation is paying fines each month. The amount is determined based on the charges and if there is restitution that needs to be paid to victims. You will probably be subjected to home visits by the probation officer and need to visit the probation officer once a month.
Driving while intoxicated infers someone took to the roads in an inebriated state. In most instances, this basic description fits most situations in which someone has been arrested for a DWI. However, a person does not need to actually be driving to be charged with a DWI offense. State laws do differ, but many jurisdictions do bar getting behind the wheel of a vehicle while intoxicated. Even if you aren’t driving, sitting in a non-moving, parked car while drunk can lead to arrest.
Concerns exist that someone who is intoxicated and, while not driving at the present, clearly is capable of doing so. All the person has to do is turn the key in the ignition and pull away from the parking spot. In doing so, the driver then creates an obvious and dangerous hazard. Police officers take the potential to drive away with the vehicle into consideration when discovering a drunk person inside a car.
Although the police may arrest someone who is intoxicated and seated in a vehicle, an arrest does not automatically mean a jury would find the person guilty beyond a reasonable doubt. The case might never even reach the trial stage. A judge could dismiss the charges or the charges may be withdrawn.
Other issues could complicate matters for the prosecution. Did the police truly have probable cause? Did any illegal searches occur? An NYC DWI defense attorney can probe the case to determine if any rights were violated or if the arrest was an outright false one.
Those charged with a DWI under unclear circumstances may be able to fight the charges with the right legal representation. NYC dwi lawyers with experience handling DWI defenses look over the specifics of a clients case and decide on the approach to take.
Our DUI Attorneys at Robert Tsigler, PLLC are Ready to Fight for You!
Getting representation as soon as possible following any DWI or DUI-related charge is the best way to promote a positive result from a subsequent trial. These charges are considered very serious and can result in expensive fines, the loss of driving privileges or professional licenses, and even incarceration. Only an experienced Staten Island DWI lawyer can successfully defend your case.
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