Were you or a family member recently arrested on DWI charges in Ulster County, NY? To minimize your potential penalties, it’s important to have an experienced Ulster County DWI lawyer on your team. Contact Larkin Ingrassia Criminal Defense Attorneys at (845) 566-5345.
Driving while intoxicated is a serious offense in New York. Clients like you have trusted our team to handle their legal defense for decades. Since we opened our law firm in 1989, we’ve successfully helped countless clients through the criminal justice system. We’re ready to put over 50 years of combined experience to work in your case.
You could be facing steep financial penalties, loss of your driver’s license, and even jail time if you’re convicted on DWI charges. Contact our law offices in Ulster County, New York, today to learn more about this practice area and our legal services today.
How Can Larkin Ingrassia Criminal Defense Attorneys Help After a DWI Arrest in Ulster County, NY
A DWI conviction can haunt you for years to come. Local courts in New York take DWI cases seriously. They’ll put the full weight of their resources to work when they seek to secure a conviction.
You deserve an experienced Ulster County, NY criminal defense attorney who can tip the scales in your favor. Our compassionate team at Larkin Ingrassia Criminal Defense Attorneys has the resources you need to achieve a favorable outcome. Over the years, we’ve developed a network of respected experts who can help make your defense as strong as possible.
When you hire our team, you’ll benefit from an Ulster County DWI defense team to:
- Conduct an independent investigation into the circumstances of your arrest
- Ensure you understand all of your legal options
- Keep you informed throughout the legal process
- Identify any errors in the prosecutor’s evidence or procedures
- Negotiate with the prosecution to get the charges dropped or your case dismissed if possible
- Help you understand the terms of any plea deal or reduced charge
- Aggressively defend you at court and fight for a not guilty verdict
If you’re facing DWI charges, don’t hesitate to reach out for legal advice. Our Ulster County, NY criminal defense lawyers are prepared to get to work immediately to defend against your DWI charges. Contact us today to learn more.
Overview of the Laws on Driving While Intoxicated (DWI) in Ulster County, New York
It’s illegal to operate a vehicle while under the influence of drugs or alcohol in New York. Driving while intoxicated (DWI) is an offense the state takes very seriously.
The amount of alcohol that you can legally have in your blood (your BAC) while operating a vehicle depends on the situation, as follows:
- .08% if you’re at least 21 years old
- .02% if you’re under age 21
- .04% if you’re operating a commercial vehicle
Once your blood alcohol content reaches .18%, you can be charged with aggravated DWI. That means you can face enhanced criminal penalties that can be much more serious.
You can also be charged with driving while impaired by alcohol or drugs. This charge typically applies if your BAC was below the legal limit, but the police officer found evidence that your driving ability was impaired.
What Does the Prosecutor Have To Prove To Show I Was Driving While Intoxicated?
Under New York state law, you can be found guilty of a DWI if:
- You were operating a vehicle while impaired by alcohol or drugs, or
- You were operating a vehicle with a BAC that was above the legal limit
That means you can be convicted on DWI charges even if your BAC was below the legal limit, but field sobriety testing shows that drugs or alcohol impaired your driving ability.
Police can rely on many different types of evidence to prove you were driving while intoxicated, including:
- The smell of alcohol on your breath
- Slurred speech
- Red or watery eyes
- Your driving behavior, such as weaving between lanes
Note that you’ll also face penalties if you refuse to take a breath, blood or urine test. New York has an implied consent law. Anytime you get behind the wheel, you are treated as though you’ve agreed to a chemical test.
What Are the Penalties for a DWI Conviction in Ulster County, NY?
The penalties for DWI conviction have never been steeper. They’re also strictly enforced. If you’ve been charged with a DWI, it’s important to understand what you’re up against.
DWI can be a felony or misdemeanor in the Hudson Valley. The exact penalties that may apply depend on the amount of alcohol in your system, your prior history and other relevant factors. Drivers of commercial vehicles often face enhanced criminal penalties.
Some examples of the penalties for DWI charges include:
Penalties Driving While Impaired by Alcohol (DWAI)
Driving while impaired carries the following potential penalties:
- Up to 15 days in jail
- A 90-day driver’s license suspension
- Between $300 and $500 in financial penalties
If you’re found to be driving while impaired by a drug, penalties increase. You can face $500 to $1,000 in financial penalties, up to one year in jail. Your license will be revoked for at least six months.
Penalties for Driving While Intoxicated
Traditional DWI charges apply if your BAC was above 0.08% or the police otherwise has evidence to prove you were intoxicated.
Penalties for DWI include:
- Up to one year in jail
- Between $500 and $1,000 in financial penalties
- At least a six-month driver’s license revocation
If you’re convicted on DWI charges for a second time, you’ll face Class E felony charges.
Possible penalties increase to:
- Four years in prison
- Between $1,000 and $5,000 in financial penalties
- A minimum one-year driver’s license revocation
For purposes of determining whether you’re a repeat offender, a ten-year lookback period applies. Penalties become more serious with each repeat offense.
Judges also have authority to impose additional penalties. You could be required to install an ignition interlock device in your vehicle. You must also pay an additional $395 fee each year and will likely be ordered to attend a Drinking Driver Program.
Penalties for Aggravated DWI (AGG DWI)
You can be charged with AGG DWI if your BAC was at least 0.18% at the time of the traffic stop.
A conviction on AGG DWI charges carries:
- Between $1,000 and $2,500 in financial penalties
- Up to one year in jail
- A minimum one-year driver’s license revocation
Penalties for a second or third AGG DWI are much more severe. You’ll be facing felony charges. For a second AGG DWI conviction, you can be sentenced to four years in prison. Third-time offenders face up to seven years in prison.
You can also face aggravated charges if someone under the age of 16 was in the vehicle when law enforcement pulled you over.
Penalties for Refusal To Submit to a Chemical Test
Your driver’s license will be revoked for at least one year if you refuse to take a breathalyzer test. You’ll also face $500 in civil penalties. If you refuse to test within five years of a previous DWI-related charge, your license will be suspended for 18 months.
What Legal Defenses Can Be Raised if I’m Arrested on DWI Charges in Ulster County, NY?
It’s easy to give up hope if you are charged with a DWI. Remember that the prosecution must prove each element of their case to impose penalties. Our DWI attorneys in Ulster County, NY have the experience you need to build a strong defense.
While every case is different, examples of the types of defenses that our Ulster County DWI lawyers may use include:
- The police lacked probable cause for the initial traffic stop
- Law enforcement did not have reasonable cause to order breath testing or field sobriety testing
- The breathalyzer machine was improperly maintained or calibrated
- The police officer did not administer the chemical test properly
- Chain of custody errors occurred with respect to your testing sample
- The police did not properly administer field sobriety testing
- Your constitutional rights were violated
- Police bias or discrimination
- You were the victim of an illegal search and seizure
- There was insufficient evidence to support the charge at hand
Drunk driving cases can be incredibly complicated. The police and prosecutors must prove every element of your case beyond a reasonable doubt while also respecting your constitutional rights. There is always significant room for error.
An experienced DWI attorney can identify any mistakes in the legal process. Our lawyers at Larkin Ingrassia Criminal Defense Attorneys know how to use any missteps to your advantage. You can count on us to build the solid legal defense you deserve. Give us a call immediately if you’re facing drunk driving charges in Ulster County, NY.
Schedule a Free Consultation With an Experienced Ulster County, NY DWI Attorney
Experience matters when you’re choosing your criminal defense law firm. Our Ulster County, NY DWI attorneys have decades of combined experience handling criminal matters. We know how much is at stake if you’ve been charged with a crime.
Contact our team at Larkin Ingrassia Criminal Defense Attorneys to schedule a free case review with an attorney who is ready to fight for you.