NYC DWI Lawyer

Facing a DWI (Driving While Intoxicated) charge in New York City can be a daunting experience, with potential consequences affecting your driving privileges, criminal record, and personal life. At Cedeño Law Group, PLLC, our experienced NYC DWI lawyers are dedicated to providing robust legal defense to help you navigate this challenging time.

What is a DWI Charge in NYC?

In New York, a DWI (Driving While Intoxicated) charge is a serious offense. It is defined as operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher. This definition is based on the measurable alcohol content in your bloodstream. However, you can also be charged with a DWI without a specific BAC test if law enforcement observes behavior and physical symptoms suggesting intoxication, such as erratic driving or signs of impairment during a field sobriety test.

Additionally, New York law recognizes different categories within DWI offenses, including:

Driving While Ability Impaired by Alcohol (DWAI/Alcohol)

This is a less severe charge compared to DWI and is typically applied when a driver’s BAC is more than 0.05% but less than 0.07%.

DWAI/Drugs and DWAI/Combination

These charges involve driving while impaired by drugs other than alcohol, or a combination of alcohol and drugs.

Aggravated DWI (A-DWI)

This applies when a driver’s BAC is 0.18% or higher, significantly above the legal limit.

Penalties for Being Convicted for a DWI in NYC

At Cedeño Law Group, PLLC, we understand the severity of DWI charges in New York City and the significant impact they can have on your life. The penalties for a DWI conviction in NYC are strict and can vary depending on the specifics of the offense, such as the level of alcohol impairment and whether it’s a first or subsequent offense. Here are the general penalties:

First Offense DWI

• License suspension for at least 6 months.
• Fines ranging from $500 to $1,000.
• A minimum $250 annual assessment fine, totaling $750 over 3 years, as part of the state’s Driver Responsibility Program.
• Up to 1 year in jail.
• Possible enrollment in the New York Drinking Driver Program (DDP) and associated costs.

Second Offense DWI (within 10 years)

• License revocation for at least 1 year.
• Fines ranging from $1,000 to $5,000.
• Continued annual assessment fines.
• Up to 4 years in jail, with a minimum of 5 days in jail or 30 days of community service.
• Classification as a Class E felony.

Aggravated DWI (A-DWI)

• This is charged when the BAC is 0.18% or higher.
• For a first offense, penalties include license revocation for at least 1 year, fines between $1,000 and $2,500, potential jail time up to 1 year, and enrollment in the DDP.
• A second offense within 10 years brings more severe consequences, including longer license revocation and higher fines.

Chemical Test Refusal

New York’s Implied Consent Law means refusal to take a chemical test can lead to license revocation for at least 1 year and a $500 civil penalty.

DWAI/Combination Charges

• These involve driving under the influence of both alcohol and drugs.
• Penalties include license revocation, fines, possible jail time, and enrollment in the DDP.

Commercial Drivers

For CDL holders, operating a commercial vehicle with a BAC of 0.04% or higher brings more severe penalties, including higher fines and swifter license revocation.

Other Penalties

• Your judge may order you to use an ignition interlock device (IID) as part of probation or to be eligible for a conditional license.
• DWI convictions can lead to higher car insurance rates.

These penalties highlight the need for experienced legal representation. At Cedeño Law Group, PLLC, we can provide the necessary legal support and guidance if you face a DWI charge in NYC. Our expertise in handling such cases ensures that we explore all avenues to potentially mitigate these severe penalties

What To Do If You Have Been Charged With a DWI in NYC

If you have been charged with a DWI in New York City, taking immediate and appropriate action is crucial. At Cedeño Law Group, PLLC, we recommend the following steps:

Remain Silent

Exercise your right to remain silent. Do not discuss your case with law enforcement officers beyond providing your basic identification information. Anything you say can be used against you in court.

Seek Legal Representation

Contact an experienced DWI lawyer as soon as possible. Hiring a criminal defense attorney is crucial in navigating the complexities of DWI laws and protecting your rights. Our team at Cedeño Law Group, PLLC, specializes in DWI defense and can offer immediate legal assistance.

Document Everything

Record all details of the arrest and any interactions with law enforcement, including the time of the stop, the officers involved, and any tests or procedures performed. This information can be invaluable for your defense.

Comply with Procedures

Follow through with any legal procedures, such as court appearances or chemical testing. Non-compliance can lead to additional penalties.

Avoid Discussing Your DWI Case

Refrain from discussing your case with anyone other than your attorney. This includes avoiding discussions on social media platforms.

Prepare for Your DWI Defense

Work closely with your lawyer to gather any evidence or information that might be relevant to your defense. This could include witness testimonies, surveillance footage, or medical records.

Understand the Charges and Potential Consequences

It is important to fully understand the nature of the DWI charges against you and the potential consequences. Your attorney can explain the legal implications and possible outcomes of your case.

Stay Informed

Stay informed about the progress of your case and maintain open communication with your lawyer. Make sure you understand each stage of the legal process and your lawyer’s strategy for your defense.

Facing a DWI charge can be a stressful and challenging experience. With the right legal support, however, you can navigate this situation more effectively. At Cedeño Law Group, PLLC, we are committed to providing our clients with the guidance and representation they need to address DWI charges in New York City. If you’re facing such charges, contact us to ensure that your rights are protected and to start working on your defense strategy.

Why Choose Cedeño Law Group, PLLC as Your NYC DWI Lawyer

Choosing the right legal representation is crucial, especially when dealing with complex legal issues. Here’s why you should consider Cedeño Law Group, PLLC for your legal needs:

Experienced Legal Team

Our attorneys have extensive experience in various areas of law, including family law, criminal defense, and DWI cases. This experience means we can provide knowledgeable and effective legal representation.

Client-Centered Approach

At Cedeño Law Group, PLLC, we prioritize our clients’ needs and goals. We understand that each case is unique and requires a tailored approach.

Strong Track Record

We have a proven track record of achieving favorable outcomes for our clients. Our success stories speak to our commitment and expertise.

Comprehensive Legal Services

We offer a broad range of legal services, ensuring that all aspects of your case are handled professionally.

Personalized Attention

We believe in giving each case the attention it deserves. Our team ensures that you are kept informed and involved throughout the legal process.

Strategic Representation

Our attorneys are skilled in developing effective legal strategies. We analyze every detail of your case to determine the best course of action.

Accessibility and Communication

We ensure that our clients can easily reach us and receive timely updates about their case. Open and clear communication is a cornerstone of our practice.

Commitment to Justice

We are dedicated to upholding the principles of justice and fairness. We aim to ensure that your legal rights are protected and that you receive a fair and unbiased legal process.

Professional Recognition

Our firm is recognized for its professionalism and ethical practices in the legal community, which is beneficial in the handling of your case.

Community Involvement

We believe in giving back to the community and are involved in various community initiatives and events.

At Cedeño Law Group, PLLC, we are committed to providing high-quality legal services with a focus on client satisfaction. If you’re facing legal challenges and need professional guidance, consider reaching out to us for a consultation to discuss how we can assist you.

Take Charge of Your DWI Defense Now

Don’t let a DWI charge in New York City define your future. Act now and secure the expert legal representation you need. At Cedeño Law Group, PLLC, we are committed to fighting for your rights and working towards the best possible outcome in your case. Our experienced DWI attorneys understand the complexities of New York’s DWI laws and are ready to provide you with the aggressive and knowledgeable defense you deserve.

Ready for a Strong Defense?

Facing DWI charges can be overwhelming, but you don’t have to face them alone. Contact Cedeño Law Group, PLLC now for a consultation. Let us be your advocate and guide through this challenging time. Reach out today and start building your defense with a team that’s as dedicated to your case as you are.

DWI Lawyer FAQs

If you’ve been charged with a DWI in New York City, it’s important to understand the nature of the charges, potential defenses, and implications of the offense. Here are some frequently asked questions about DWI charges in New York City:

What is DWI in New York State?

DWI (Driving While Intoxicated) in New York State is defined as operating a motor vehicle with a blood alcohol content (BAC) of 0.08 or higher.

Is DUI the same as DWI in New York?

The term DUI (Driving Under the Influence), commonly used in other states, is equivalent to DWI in New York. These terms are sometimes used interchangeably.

What is Driving While Ability Impaired by Alcohol (DWAI/Alcohol)?

DWAI/Alcohol is a charge applied when your BAC is greater than 0.05 but less than 0.08. It is a traffic violation for a first offense but can escalate for subsequent offenses.

What happens if I refuse a BAC test?

Refusing a BAC test results in an immediate license suspension, and the refusal can be used as evidence in court. Even without BAC testing, a DWI charge can be supported by other observations such as slurred speech or failed field sobriety tests.

Does the officer need a reason to pull me over?

A police officer must have reasonable suspicion of a criminal offense or traffic infraction to initiate a traffic stop. A stop without reasonable suspicion may be deemed unlawful, possibly leading to dropped charges.

What are the penalties for DWI in New York?

A first-offense DWI is typically a Class A misdemeanor, punishable by up to one year in jail, fines up to $1,000, and a six-month driver’s license revocation. Aggravated DWI charges, such as those with a BAC of 0.18 or higher, carry higher penalties.

What are good DWI defense arguments and strategies?

Effective defense strategies can vary depending on the case specifics. They may involve challenging the legality of the traffic stop, errors in police procedures, inaccuracies in BAC testing, or violations of your rights during the arrest process.

Can DWIs be reduced to “Wet Reckless” charges in New York?

New York law does not have “wet reckless” charges. The only way to plead down DWI charges is to DWAI charges under specific circumstances.

What is the “Look Back” period for DWIs in New York?

The “look back” period, determining how previous offenses impact current charges, can be 5, 10, or 25 years in New York. This period affects the severity of charges and penalties for subsequent DWIs.