If you face a DWI charge in Newburgh, you need experienced legal help. A Newburgh DWI lawyer with a proven track record in New York law can help you understand the charges against you and fight back. Contact our legal team at Larkin Ingrassia Criminal Defense Attorneys, today at (845) 566-5345 to schedule a free consultation.
If you’ve been charged with DWI in Newburgh, New York, the process can seem confusing and intimidating. DWI – short for Driving While Intoxicated – is a serious crime that can result in harsh penalties in New York.
Not all Newburgh DWI lawyers are the same, and you need somebody who will thoroughly investigate the facts of your case and build a strong legal strategy. Our proven attorneys will fight for you every step of the way in your case. When your liberty, reputation, and finances are on the line, you need skilled and relentless legal help from the start.
How Larkin Ingrassia Criminal Defense Attorneys Can Help You Fight a DWI Charge in Newburgh, NY
No matter what type of impaired driving charge you might face in Newburgh, NY, you deserve the best possible legal help as your case proceeds. Our DWI lawyers have a strong track record representing clients in every type of New York DWI case.
When you hire Larkin Ingrassia Criminal Defense Attorneys, we will:
- Investigate the traffic stop and all facts surrounding the DWI arrest
- Gather all evidence available in your case, including evidence that can weaken the prosecution’s case
- Negotiate aggressively with the prosecution for a favorable plea agreement when appropriate
- Fight to suppress any evidence that was obtained in violation of your Constitutional rights
- Interview witnesses and locate witnesses that can help your case
- Take your case to a jury trial when needed to achieve justice in your case.
Our DWI defense lawyers use a team-centered approach to advance your case at every stage in the process. You can count on our proven Newburgh criminal defense attorneys to fight aggressively for your legal rights when so much is at stake.
What Is Driving While Intoxicated in New York?
In New York, it is illegal to operate a vehicle while intoxicated by alcohol. Intoxication is defined under New York law as having a blood-alcohol concentration (BAC) of .08% or higher or other evidence of intoxication. Even without a chemical test to prove alcohol concentration, the prosecution might seek to prove intoxication through other evidence.
5 key factors that can impact a person’s level of intoxication are:
- The amount of alcohol consumed
- How much a person has eaten before or while consuming alcohol
- Body weight
- Gender
- The length of time someone has been consuming alcohol.
Due to the ways these different factors become involved, there is no sure way to tell whether or not you would be under the legal limit for blood-alcohol concentration. On average, a person metabolizes about one drink per hour. There is no foolproof way to “sober up” before getting behind the wheel of a vehicle.
An alternative charge drivers might face is Driving While Ability Impaired, or DWAI. If a driver has a BAC between .05% and .07%, they might face a charge of DWAI. Even if not impaired by alcohol, a driver can be charged with DWAI if they are under the influence of drugs or controlled substances. Additionally, drivers under age 21 can be arrested and charged for DWI under New York’s zero-tolerance policy if their BAC is anywhere over .02%.
Penalties for DWI in New York State
The main penalties for drunk driving in New York are loss of driving privileges, heavy fines, and potential jail time. Additional penalties can apply if a driver refuses to submit to a chemical test during the traffic stop.
Common penalties drivers can face include:
- DWI, First Offense: Up to 1 year in jail, $1,000 in fines, and a 6-month driver’s license suspension
- DWI, Second Offense: Up to 4 years in jail, $5,000 in fines, and a 1-year driver’s license suspension;
- DWI, Third Offense: Up to 7 years in jail, $10,000 in fines, and a 1-year driver’s license suspension;
- DWAI, First Offense: Up to 15 days in jail, $500 in fines, and a 90-day driver’s license suspension;
- DWAI, Second Offense: up to 30 days in jail, $750 in fines, and a 6-month driver’s license suspension;
- DWAI, Third Offense: up to 180 days in jail, $1,500 in fines, and a 6-month driver’s license suspension.
Additional court fines and costs can be assessed, depending on the circumstances. If the DWI caused an accident or injury, charges of Aggravated DWI, Vehicular Assault, or Vehicular Manslaughter can apply. In these situations, the potential for a lengthy prison sentence and revocation of a driver’s license can be at stake.
In addition to jail time, prison time, fines, and other penalties assessed by the court system or DMV, drivers convicted of DWI can face other consequences. For example, a DWI conviction can cost a person their job, impact their personal life, and bring devastating financial hardship. Experienced DWI defense lawyers are well aware of the full range of impacts a DWI conviction can have and will fight hard to protect their client’s interests following a DWI charge.
Defenses to a DWI Charge in New York
A knowledgeable New York DWI attorney will review the weight of the evidence against you and develop a solid defense for the best possible outcome in your case. Potential defenses to a DWI charge in New York include:
- Lack of Probable Cause: A police officer must have probable cause that you committed a crime or traffic violation to stop your vehicle. For example, weaving between lanes, driving too fast or slow, driving without headlights on at night, or driving recklessly can give an officer probable cause to stop you. If they didn’t have a good reason to pull you over, any ensuing investigation for DWI could potentially be kept out of court.
- Violations of Your Miranda Rights: Under the landmark case of Miranda v. Arizona, suspects have a right to remain silent when placed under custodial interrogation. This means that you must be told you have a right to ask for a lawyer and refuse to speak once you are questioned while you aren’t free to leave the scene. Incriminating statements you might make without your Miranda Rights being read can be excluded from the prosecution’s case against you. In a DWI case, this could include statements about how much you’ve had to drink, your level of impairment, or any statement that could be used against you.
- Defective Testing Equipment: Errors in testing equipment such as breathalyzer tests or chemical tests can cause their results to be thrown out in a criminal case. A PBT device, for example, must be properly tested, stored, and calibrated before being used at a roadside stop. Blood samples taken from a suspect must follow a detailed chain of custody to make sure they are not spoiled or contaminated. Defects in either the equipment or handling of tests can make that evidence too unreliable to prove guilt beyond a reasonable doubt.
- Challenges to the Testimony of an Arresting Officer: Traffic stops and DWI arrests are highly dependent on an officer’s observations and ability to recall what happened. A key component of a DWI arrest will be an officer’s observations of the driver’s signs of intoxication. By proving flaws and inconsistencies in the officer’s testimony, a defense attorney can significantly weaken the prosecution’s case.
- Alternative Explanations for Signs of Intoxication: In some cases, a driver might appear intoxicated or impaired when an alternative explanation exists. A health condition, reaction to a medication, or other intervening factor could explain why a driver appeared impaired behind the wheel. If you were experiencing an illness, health issue, or adverse reaction to medication, for example, you could have a valid defense to the DWI charge.
A skilled DWI attorney can help identify and present effective defenses based on the circumstances of your case, potentially reducing or dismissing the charges against you.
What Should I Look For in a Criminal Defense Attorney?
When you must choose a criminal defense lawyer to defend your legal rights and liberty, you can’t take the decision lightly. When thinking about your legal defense, you should consider:
- Communication: You’ll need a lawyer who will keep you informed at all steps in the case and be available to answer your questions.
- Reputation: An attorney with experience handling DWI cases in Newburgh will be able to negotiate aggressively on your behalf and fight for the best outcome.
- Case results and experience: If you face a serious criminal charge, you want an attorney with a proven track record who is not afraid to fight hard in your case – taking the case to a jury trial if necessary.
Choosing the right criminal defense attorney is crucial to ensuring that your rights are protected and you receive the best possible defense in your case.
Contact a Newburgh DWI Lawyer To Schedule a Free Consultation
There is nothing easy about facing a DWI charge in Newburgh, New York. However, a skilled criminal defense lawyer will know your full range of options and guide you through the process. A DWI charge can have serious consequences for your life, career, and family. Larkin Ingrassia Criminal Defense Attorneys, knows the challenges you face and will fight hard for the best possible outcome. Contact our law office to schedule your free consultation with a Newburgh DWI lawyer.