Have you been arrested for driving while intoxicated in Middletown, New York? Call Larkin Ingrassia Criminal Defense Attorneys, at (845) 566-5345. Your future is at stake, and it’ll be important to assert a strong legal defense. Our Middletown DWI lawyers can help you fight to beat your charges and safeguard your future.
For over 35 years, our law firm has offered reliable, effective legal representation to individuals charged with serious violations of New York state law, including driving while intoxicated (DWI). Our ability to help our clients achieve the best possible results in their criminal cases is unrivaled.
Now, we’re here to help you fight back against criminal DWI charges, too. We offer a free consultation, so contact our Middletown law office for assistance or call us for more information.
How Larkin Ingrassia Criminal Defense Attorneys Can Help If You’re Arrested For Driving While Intoxicated in Middletown, NY
Getting a DWI can change your life forever. An arrest and subsequent DWI conviction can result in harsh criminal penalties and affect your social reputation for years to come. Right now, nothing is more important than disputing the allegations against you to clear your name or limit the potential ramifications you could face.
The state will be represented by skilled, knowledgeable prosecutors and have extensive resources at its disposal as it fights to convict. The best thing you can do is make sure to put yourself on a level playing field by hiring an experienced Middletown criminal defense lawyer to handle your DWI case. Our team, whose collective experience spans more than 50 years, includes former prosecutors and attorneys who’ve dedicated their careers to litigating tough DWI cases.
Choosing Larkin Ingrassia Criminal Defense Attorneys puts a team of experienced New York litigators in your corner. We’re former prosecutors recognized for excellence in litigation by Super Lawyers, Martindale-Hubbell, The National Trial Lawyers, and America’s Top 100 Criminal Defense Attorneys who are dedicated to ensuring that the rights of our clients are not infringed.
When you ask for our help fighting drunk-driving charges in Middletown, we will:
- Oversee an independent investigation into the allegations that you were driving while intoxicated
- Review results of breath tests, blood tests, field sobriety tests, and other DWI tests conducted by the police
- Identify potential problems with the chain of custody of any of the state’s evidence pertaining to your case
- Gather evidence that can help to undermine the state’s case against you
- Represent you during any interrogations and interactions with the police
- Determine if your Constitutional rights may have been violated in any way during your interactions with the police
- Negotiate with the prosecution to get your case dismissed or to obtain an acceptable reduction in charges
- Defend you in court if your DWI goes to trial
You have one opportunity to defend yourself against criminal DWI charges. Make the most of it by trusting our experienced, skilled criminal DWI attorneys to take charge of your defense. We offer a free consultation, so contact our law firm in Middletown to discuss the details of your DWI today.
What is DWI?
Broadly speaking, DWI refers to the illegal operation of a motor vehicle while under the influence of drugs or alcohol.
In New York State, there are several ways a driver can potentially be charged with DWI.
Driving While Ability Impaired
Driving while ability impaired, or DWAI, refers to operating a motor vehicle while a person’s “ability to operate such motor vehicle is impaired by the consumption of alcohol.”
There’s no minimum Blood Alcohol Concentration (BAC) threshold.
If a police officer detects alcohol or drugs in your system and believes that the consumption of those substances has made it unsafe for you to drive, you can face criminal DWI charges. Many times, DWAI charges are supported by failed field sobriety tests and circumstantial evidence of alcohol consumption.
Driving While Intoxicated Per Se
Under New York law, you’ll automatically be assumed to be intoxicated by alcohol if your BAC is equal to or greater than .08 percent. The state can use blood tests, breathalyzer tests, urine tests, and/or saliva tests to calculate your BAC for the purposes of criminal DWI charges under this section.
Aggravated DWI
You can face aggravated DWI charges once your Blood Alcohol Concentration is equal to or greater than .18 percent (misdemeanor) or if you are considered intoxicated and have a child with you in the vehicle (felony).
Driving While Ability Impaired by Drugs
It’s not just a crime to drive under the influence of alcohol. New York State law also criminalizes the operation of a motor vehicle while impaired by drugs – including illicit drugs, marijuana, prescriptions, and over-the-counter medications.
What Are the Penalties For DWI in Middletown, NY?
The penalties for DWI depend on the specific criminal charge and the number of prior DWI charges on your criminal record.
Driving While Ability Impaired (DWAI)
- First offense: Penalties can include 15 days in jail, fines between $300 and $500, and a 90-day suspension of your driver’s license
- Second offense in five years: Penalties can include 30 days in jail, fines of up to $750, and the loss of your driver’s license for at least six months
- Third offense in ten years: Penalties can include 180 days in jail, up to $1,500 in fines, and license revocation for six months
Driving While Intoxicated (DWI)
- First offense. A first DWI is a misdemeanor offense for which penalties can include one year in jail, fines between $500 and $1,000, and the revocation of driving privileges for at least six months
- Second offense in 10 years: A second DWI offense is a Class E felony punishable by up to 4 years in prison, fines of up to $5,000, and the loss of driving privileges for at least one year
- Third offense in 10 years: A third DWI offense is a Class D felony punishable by 7 years in prison, up to $10,000 in fines, and the loss of your driver’s license for one year
Aggravated Driving While Intoxicated (AGG DWI)
- First offense: A first aggravated DWI can be charged as a misdemeanor and carry penalties of one year in jail, $2,500 in fines, and the loss of your driver’s license for one year
- Second offense in 10 years: A second aggravated DWI charge within ten years of an initial aggravated DWI is a Class E Felony punishable by 4 years in prison, $5,000 in fines, and license revocation for 18 months
- Third offense in 10 years: A third aggravated DWI charge within ten years of an initial offense is a Class D Felony punishable by 7 years in prison, $10,000 in fines, and loss of driving privileges for up to 18 months
You might also have to install an ignition interlock device (IID) in your vehicle if you are convicted of driving while intoxicated.
What Defenses Can Be Raised if I’m Accused of DWI?
It’s important to know that there are many potential defenses that can be offered in your defense when you’re charged with driving while intoxicated in Middletown, New York.
At Larkin Ingrassia Criminal Defense Attorneys, our Middletown DWI defense lawyers will carefully review the details of the state’s case against you and identify the best options for your defense strategy.
These might include:
- Disputing the legality of the traffic stop that led to your arrest
- Arguing that the police officer lacked probable cause to arrest you for DWI
- Disputing the accuracy of blood tests, breathalyzer tests, or other chemical analyses used to establish your BAC
- Arguing that the state lacks evidence to prove their criminal DWI case beyond a reasonable doubt
- The state’s evidence is unreliable because of problems with the chain of custody
Violations of your Constitutional rights – including unlawful searches and seizures – can render any evidence obtained in your DWI case inadmissible. Without evidence, Middletown prosecutors won’t be able to carry the burden of proof needed to convict you of DWI.
Schedule a Free Consultation With an Experienced Middletown DWI Lawyer
When you’re facing criminal DWI charges in Middletown, New York, it’s important to take an aggressive approach to your defense. Anything less won’t yield the case results you need and deserve. At Larkin Ingrassia Criminal Defense Attorneys, we work hard to find weaknesses in the prosecution’s case and exploit them for our client’s benefit. As a result, our ability to take on tough criminal matters and achieve top results is unrivaled.
When your future is on the line, you’ll want our experienced Middletown DWI lawyers standing beside you. As former prosecutors, we’re uniquely positioned to offer insight and knowledge that can help you move past this difficult time in your life.
We offer a free consultation with a Middletown DWI lawyer. Contact our law office to speak with a member of our team about your criminal DWI case. We’re standing by to offer assistance right now.