If you’ve been detained and charged with driving while intoxicated (DWI) in Orange County, NY, you may find yourself facing serious legal and financial consequences. Even a first-time offense can result in steep fines, license suspension, or possible jail time. It’s important to understand your rights and options if you’ve been arrested.
Our goal is to offer guidance and support so that you can address this issue head-on, minimizing the impact of these charges as much as possible. If you’re facing DWI charges in Orange County, New York, we are here to help. Contact Larkin Ingrassia Criminal Defense Attorneys to schedule a free consultation with an Orange County DWI lawyer at (845) 566-5345.
How Larkin Ingrassia Criminal Defense Attorneys Can Help If You’re Arrested For DWI in Orange County, New York
If you’re facing DWI charges in Orange County, New York, it’s important to speak with a criminal defense lawyer as soon as possible to mitigate the consequences.
At Larkin Ingrassia Criminal Defense Attorneys, our Orange County criminal defense lawyers have more than 50 years of combined experience. In the 35+ years that our firm has been in operation, we have been fighting to protect our clients’ rights.
Here’s how our law firm can help:
- We thoroughly examine the circumstances of your traffic stop and any breath test or chemical tests to see if law enforcement adhered to proper protocols.
- We look for possible mistakes or violations of your rights during the arrest process, which could lead to dismissed or reduced charges.
- Our attorneys negotiate with the district attorney, aiming for plea deals or alternative sentencing options that minimize jail time and keep fines manageable.
- We advocate for your driving privileges, including exploring restricted or conditional licenses to help you get to work and manage daily responsibilities.
- We will fight for you at trial if necessary, aiming for a not-guilty verdict.
For help with a DWI charge in Orange County, New York, don’t hesitate to reach out and ask for assistance. Contact Larkin Ingrassia Criminal Defense Attorneys to schedule a free consultation with an Orange County, NY DWI lawyer.
Overview of DWI in New York
In New York, driving while intoxicated and related offenses involve varying degrees of impairment. Understanding these distinctions can help you confirm or dispute the charges against you.
DWAI (Driving While Ability Impaired by Alcohol)
DWAI refers to any voluntary alcohol use that lessens your ability to operate a vehicle as a “reasonable and prudent” driver. This charge commonly covers situations where a driver’s blood alcohol level is under the standard .08 limit, but they still show signs of physical or mental impairment.
DWI (Driving While Intoxicated)
DWI applies when a driver’s consumption of alcohol leaves them unable to handle the normal physical and mental tasks of operating a motor vehicle. Under New York’s DWI laws, you are considered legally intoxicated if your blood alcohol content (BAC) meets or exceeds .08.
DWAI-Drugs (Driving While Ability Impaired by Drugs)
Under DWAI-drugs laws, you cannot drive after the use of any drug – even prescription medication. This can include anything from marijuana to prescription sedatives.
Aggravated DWI
In New York, an aggravated DWI is a more serious drunk-driving offense. It applies when a driver’s blood alcohol content reaches 0.18% or higher, far above the legal limit. This charge may also be brought if the driver caused harm to someone, was driving with a child as a passenger, or drove while violating probation conditions.
If you’re facing any of these charges, it’s important to speak with a DWI attorney as soon as possible.
What Are the Penalties For DWI in Orange County, New York?
Below is an overview of penalties for DWI and related offenses in Orange County, New York. Specific outcomes can vary depending on the facts of your DWI case in New York State and any prior convictions you may have.
DWAI – First Offense (Traffic Infraction)
A DWAI offense typically means driving with a reduced ability to operate a vehicle safely. This is a lower-level charge than DWI but still carries serious penalties:
- Fine of $300 to $500 (plus a surcharge)
- Possible jail time up to 15 days
- License suspension for 90 days
- Driver Responsibility Assessment (DRA): $250 per year for 3 years
Defendants may be eligible for the Impaired Driver Program (IDP) and a conditional license.
DWAI – Second Offense (Within 5 Years)
Repeat DWAI offenders may face enhanced penalties:
- Fine of $500 to $750 (plus a surcharge)
- Possible jail time up to 30 days
- License revocation for a minimum of 6 months
- DRA: $250 per year for 3 years
Here, defendants are not eligible for IDP or a conditional license
DWAI – Third and Subsequent Offenses (Within 10 Years)
A third DWAI offense or more raises the stakes considerably:
- Fine of $750 to $1,500 (plus a surcharge)
- Possible jail time up to 180 days
- 2 to 3 years of probation
- License revocation of at least 6 months (possibly up to 5½ years with restrictions)
- DRA: $250 per year for 3 years
- Ignition Interlock Device (IID) required during probation
There may be a requirement to attend a victim impact panel.
DWI – First Offense (Misdemeanor)
A DWI charge means a driver’s abilities are significantly impaired by alcohol:
- Fine of $500 to $1,000 (plus a surcharge)
- Possible jail time up to 1 year
- Probation of 2 to 3 years
- License revocation for at least 6 months
- DRA: $250 per year for 3 years
- IID requirement
A conditional license might be possible after a conviction.
DWI – Second Offense (Within 10 Years)
A second DWI conviction elevates the penalties:
- Fine of $1,000 to $5,000 (plus a surcharge)
- Possible jail time up to 4 years
- Probation of 2 to 3 years
- License revocation for at least 1 year
- DRA: $250 per year for 3 years
- IID requirement
Defendants may be required to attend a victim impact panel.
Aggravated DWI (Misdemeanor)
An aggravated DWI is charged when a driver’s BAC is even higher (generally .18% or above):
- Fine of $1,000 to $2,500 (plus a surcharge)
- Possible jail time up to 1 year
- Probation of 2 to 3 years
- License revocation for at least 1 year
- DRA: $250 per year for 3 years
- IID requirement
A victim impact panel may be required.
DWAI Drugs (Misdemeanor)
Driving while impaired by any drug (prescription or otherwise) is a criminal offense in New York:
- Fine of $500 to $1,000 (plus a surcharge)
- Possible jail time up to 1 year
- Probation of 2 to 3 years
- License revocation for at least 6 months
- DRA: $250 per year for 3 years
- Possible victim impact panel
The defendant may be eligible for a restricted license.
Vince’s Law
For those with 3 or more DWIs, Aggravated DWIs, or DWAIs (drugs or combined influence) in the last 15 years, charges can be upgraded to a class D felony.
If you’re dealing with any of these charges, it’s important to reach out for professional legal help as soon as possible so you know what you’re facing and you can take the steps possible to protect yourself and your future.
What Defenses Can Be Raised If I’m Arrested For DWI?
Getting arrested for DWI in Orange County, NY, can feel overwhelming, but there are several defenses that may apply in your situation:
- Improper Traffic Stop: Arguing that the officer had no valid reason to pull you over in the first place.
- Defective Testing Equipment: Contending that the breathalyzer or other testing tools were not calibrated correctly or were used improperly.
- Inaccurate Field Sobriety Tests: Showing that certain medical or physical issues could have interfered with how you performed on standardized tests.
- Unreliable Witness Information: Questioning the credibility or completeness of statements used against you by police or bystanders.
- Miranda Rights Violations: Claiming that the arresting officer did not properly inform you of your rights, which may invalidate certain evidence or statements made during custody.
- Rising Blood Alcohol Content: Suggesting that your BAC level increased after you stopped driving, making it uncertain what your actual level was at the time you were behind the wheel.
If you’re facing DWI charges, it’s a good idea to reach out to an experienced New York DWI lawyer to review these defenses and discuss your options.
Dealing with a DWI charge in Orange County, New York, can affect your finances, freedom, and daily life. Fortunately, you have the right to challenge the evidence and explore possible defenses. By learning about the legal system and surrounding yourself with the right defense team, you stand a better chance of successfully fighting the charges.
If you or someone you care about is facing DWI allegations, seeking legal representation can make a significant difference in your case. Contact Larkin Ingrassia Criminal Defense Attorneys to schedule an initial consultation with an Orange County, NY DWI lawyer.