New York City DUI Lawyer
Aggressive Defense Against DUI & DWI Charges in New York
When facing DUI or DWI charges in New York City, you need an experienced and knowledgeable legal team. At the Law Office of Mark A. Bederow, P.C., we have a proven track record of defending individuals against these serious charges. Our dedication to protecting your rights and providing top-notch legal representation sets us apart as your trusted New York City DUI lawyer.
Call the Law Office of Mark A. Bederow, P.C. today at (212) 256-9491 or contact us online to schedule a meeting with our DUI attorney in New York City!
DUI vs. DWI in New York
In New York, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably but have distinct legal definitions. Understanding the difference between these terms is crucial because the penalties can vary depending on the specifics of your case.
DUI generally refers to driving under the influence of alcohol, while DWI covers impairment by alcohol and other substances, such as drugs or prescription medications. It's important to note that New York has a "zero tolerance" policy for drivers under 21, which means any detectable amount of alcohol or drugs can lead to a DUI or DWI charge.
Blood Alcohol Concentration (BAC) levels play a significant role in differentiating between DUI and DWI:
- DWI (0.08% or higher BAC): If your BAC level registers at 0.08% or higher, you can be charged with DWI, even if you don't exhibit obvious signs of impairment. The BAC limit is lower for commercial drivers, set at 0.04%.
- Aggravated DWI (0.18% or higher BAC): If your BAC level is 0.18% or higher, you may face aggravated DWI charges, which often carry more severe penalties.
- DUI (Under 0.08% BAC): If your BAC level is below 0.08%, you may still face DUI charges if law enforcement believes your driving ability is impaired by alcohol or drugs, even if you're below the legal limit.
Understanding these BAC thresholds is crucial, as they can significantly impact the charges and penalties you may face. Regardless of your charge, our experienced team is prepared to mount a strong defense on your behalf.
What are the Penalties for a DUI & DWI in New York?
The consequences of a DUI or DWI conviction in New York can be severe, impacting various aspects of your life. It's essential to be aware of these potential penalties:
- License Suspension or Revocation: A DUI or DWI conviction often results in the suspension or revocation of your driver's license. The suspension duration depends on the offense's nature and whether it's your first, second, or subsequent conviction.
- Fines: Convicted individuals can face substantial fines, which can vary depending on the circumstances of the case and prior convictions.
- Probation: In some cases, the court may impose probation, which typically includes mandatory alcohol education programs, regular check-ins with a probation officer, and other conditions.
- Ignition Interlock Device: The court may require you to install an ignition interlock device (IID) in your vehicle, which prevents it from starting if it detects alcohol on your breath.
- Criminal Record: A DUI or DWI conviction results in a criminal record, impacting your employment, housing, and future opportunities.
- Insurance Premiums: Expect your auto insurance premiums to increase significantly after a DUI or DWI conviction.
- Potential Imprisonment: Depending on the circumstances, you could face jail time, especially for repeat offenses or cases involving aggravating factors.
Defenses Against DUI & DWI Charges
When facing DUI or DWI charges in New York City, it's essential to have a skilled attorney who can explore various defense strategies tailored to your unique case. While each case is different, some common defenses include:
- Improper Stop: We will examine whether law enforcement had a valid reason to pull you over. If they lacked probable cause or violated your rights during the stop, it could result in the dismissal of charges.
- Field Sobriety Tests: We will scrutinize the procedures and administration of field sobriety tests. Their results may not be admissible in court if conducted improperly or unfairly.
- Breathalyzer Accuracy: We will investigate the calibration and maintenance records of the breathalyzer machine used to test your blood alcohol content. We can challenge the results if there are issues with the device's accuracy.
- Medical Conditions: Some medical conditions or medications can mimic the effects of intoxication. We will assess whether your condition or prescription medication could have influenced the test results.
- Chain of Custody: We will examine the handling of blood or urine samples, ensuring they are properly stored and processed to maintain their integrity.
- Miranda Rights Violation: If law enforcement failed to read your Miranda rights during the arrest, it could affect the admissibility of statements made.
Contact Our New York City DUI Attorney Today
Facing DUI or DWI charges in New York City can be a daunting experience, but you don't have to navigate it alone. The Law Office of Mark A. Bederow, P.C., is your trusted advocate and New York City DWI lawyer. We are committed to providing expert legal representation and developing a solid defense strategy tailored to your circumstances.
Contact the Law Office of Mark A. Bederow, P.C. today to schedule a consultation with our DUI lawyer in New York City!