The Sanders Firm, P.C.: DWI Defense in New York
The Sanders Firm, P.C. offers those in New York State who have been charged with DWI-related offenses legal representation. DWI is a serious offense and habitual offenders face very tough sentences, which may include the loss or one’s license, fines of up to $10,000, and jail time of up to seven years. On this page, you will find various DWI offenses defined.
In New York State driving while intoxicated (DWI) offenses involve alcohol and drug-related violations. There are seven such violations. Those violations involving alcohol refer to blood alcohol concentration (BAC), which must be under a certain level for someone to be considered unimpaired.
To be charged with DWI a driver must have a .08 BAC or higher or act in a manner that reveals they are intoxicated. Those who are driving a commercial vehicle are considered to be DWI if their BAC is .04 or higher or they show signs of intoxication. If a driver of any motor vehicle registers .18 BAC or higher, they may be charged with Aggravated DWI.
For a person to be Driving While Ability Impaired by alcohol (DWAI/Alcohol ) their BAC range will be from .05 to .07 or they may in some way show evidence of being impaired. For those under the age of 21 driving a commercial vehicle the legal limit is .02 BAC or other evidence of being impaired. Additional violations include Driving While Ability Impaired by a single Drug (DWAI/Drug) and Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination). In New York State there is a Zero Tolerance Law. This applies to drivers under the age of 21 who drive with a BAC between .02 and .07.
Chemical Test Refusal
In New York State if a driver refuses to take a chemical test, which may be a test of their blood, urine, or breath, they may have their license revoked for a year. The penalty for commercial drivers is 18 months. Civil penalties levied in order to apply for a new license are $500 ($550 for commercial drivers). Penalties for refusing such a test within five years of a DWI charge or previously refusing a chemical test include a revocation of one’s license for 18 months with a $750 civil penalty levied when applying for a new license. Commercial drivers in these instances have their license permanently revoked. Those under the age of 21 who refuse a chemical test within five years of a DWI charge or have previously refused a chemical test lose their license for at least one year or until they reach the age of 21. They too must pay a civil penalty of $750 when applying for a license again.
In Your Defense
If you are charged with a DWI-related offense, The Sanders Firm, P.C. believes that you must preserve your rights. Once charged, contact a lawyer. They will be able to advise you and work with you to make sure your rights are kept intact. Also, a knowledgeable and experienced lawyer will evaluate all the evidence in your case and carefully consider your options, providing you with information regarding your best possible defense.
We Will Work with You
If you have been charged in New York State with DWI or another such offense, call The Sanders Firm, P.C. We will represent your best interests throughout the entire process. DWI charges are very serious and solid legal representation is essential to your getting the best possible resolution to your situation. At The Sanders Firm, P.C., we are your voice for justice.