DRIVING WHILE INTOXICATED AND UNDER THE INFLUENCE DWI/DUI
N.Y.C. And Westchester DWI Defense Lawyers
If You Were Arrested for DWI,
It Isn't The End of the World
OUR ATTORNEYS ARE ON YOUR SIDE
The New York City and White Plains criminal defense lawyers at the Law Office of Michael H. Joseph, PLLC have extensive experience in handling the criminal defense of Driving While Intoxicated (DWI) and Driving under the influence. Our NYC and White Plains DWI defense attorneys regularly defend criminal cases in the New York City, Rockland and Westchester Courts including the criminal courts in the Bronx, Manhattan, Brooklyn, Queens and Westchester County including Yonkers, White Plains, New Rochelle, Ossining, Rye, Mount Vernon, Greenburgh, Scarsdale, Bronxville, Mamaroneck, Elmsford, Port Chester and Valhalla. At the Law Office of Michael H. Joseph PLLC, we know that most people arrested for driving while intoxicated are decent people that made a mistake. Being arrested for the first time, especially for a DWI charge can be a frightening experience and our attorneys understand the anxiety that you are going through. Our NYC and Westchester DWI attorneys have the experience to get you through the process, keep you out of jail and minimize the collateral damage that a driving while intoxicated charge can have on your life.
WHAT IS DRIVING WHILE INTOXICATED UNDER NEW YORK LAW
In New York crimes of Driving While Intoxicated (Vehicle and Traffic Law 1192) is committed when a person operates a vehicle with a blood-alcohol level of .08 % or more. Driving while intoxicated can also be proven when a person is so intoxicated that they cannot safely operate a vehicle. Driving While Intoxicated DWI is an unclassified misdemeanor and you need an experienced New York Criminal Defense Lawyer to defend you if you have been charged with driving while intoxicated (DWI/DUI). A conviction for Driving While Intoxicated carries a six month revocation of your license to drive in New York, as well as other penalties including possible jail time. In New York, there is also a lesser charge of driving while ability is impaired. Driving while ability impaired is a violation and is normally punished with a fine, a ninety day license suspension and a conditional discharge to complete certain programs.
How Attorneys Fight These Charges
In New York City and Westchester Courts, our criminal defense attorneys have had a great deal of success in getting charges of Driving While Intoxicated reduced to driving while ability impaired.
Our New York and Westchester DWI Attorneys have also been able to challenge Blood Alcohol readings by using expert toxicologists and attacking the methods and assumptions utilized by the machines performing the tests.
The defenses to charges of Driving while intoxicated include no operation, that you were able to safely operate the vehicle and that the BAC at the time of the operation was not above the legal limit.
There are many cases where the police arrest someone who is merely intoxicated behind the wheel of a parked car. This scenario often occurs when someone believes they are too drunk to drive, so they sleep in their car and turn on the engine for heat, music or air conditioning.
These cases are very defendable because to establish operation the officer must see you move the vehicle or prove that you were actively intending to move the vehicle. A good New York DWI defense attorney can demonstrate that you had no intention of moving the vehicle, therefore did not drive, as such you cannot be convicted of driving while intoxicated.
Too Intoxicated To Operate A Vehicle
Merely having a certain blood alcohol level is not sufficient for a conviction under this section. Rather, the State must prove that you were not physically capable of operating a vehicle. This is usually done by showing that you failed field sobriety tests and/or operated the vehicle in such a manner that demonstrates that you were too drunk to drive, such as swerving, speeding or some other violation.
Driving After Having Consumed Drugs
To establish a violation of driving while ability impaired by drugs, the law requires that a person’s ability to drive be impaired by drugs. Therefore, merely showing that the person ingested drugs is insufficient. The State of New York must prove that the person’s ability to drive was actually impaired by drugs. This is usually done through field sobriety tests.
Also the law requires the people establish that the person actually had a chemical substance in their system. Our criminal defense attorneys have gotten several cases dismissed because no drug showed up on a chemical test. Often an officer will suspect someone has used drugs, if they smell like marijuana or have delayed responses. However, if you smoked just before your drove, often, marijuana will not show up on a urine test, because it takes several hours for the reaction to cannabus, to form. Likewise, other drugs metabolize quickly or are not specifically tested for. So if the officers don't know what you took, then they don't know what to test for and there is a chance that your test may come back negative.
This charge can also be attacked by showing that the drugs were no longer in the blood at the time of the operation of the vehicle as many drugs stay in the system longer than they affect the person.
OUR PRACTICE AREAS
Our Westchester DWI defense lawyers are located in White Plains, New York and are walking distance to the White Plains Criminal Courthouse. Our NYC criminal defense attorneys are located in Midtown Manhattan, a short subway ride to the Manhattan Criminal Court, the Bronx Criminal Court and the Brooklyn Criminal Courthouse. Our attorneys have decades of experience in defending criminal cases in New York City, Rockland and Westchester Courts including the criminal courts in the Bronx, Manhattan, Brooklyn, Queens, Yonkers, White Plains, New Rochelle, Ossining, Rye, Mount Vernon, Greenburgh, Elmsford, Port Chester and Valhalla. Getting help from a White Plains DUI/DWI defense lawyer is important to have the DUI charge dismissed. Whether it is a first time drunk driving offense or a repeat offense, contact a Westchester County DUI/DWI defense attorney to discuss your case. DUI defense attorneys at The Law Offices of Michael H. Joseph in White Plains, NY and Westchester County have been protecting the rights of those facing a DUI charge. Call us today at (914) 574-8330 to speak with our criminal defense lawyer who will come up with a defense strategy.
THE HARDSHIP HEARING
At arraignment, (the first court appearance) your driver's license will be suspended pending the prosecution, if the chemical test shows a reading of .08 or more, unless you can demonstrate that the suspension will cause an undue hardship. To meet this standard, you need to be able to show the distance between your home and your workplace and that means of public transportation are not feasible and or are prohibitively expensive. Having an experienced DWI defense attorney, who knows the standards can be the difference between getting a hardship license and being unable to drive.
THE DMV REFUSAL HEARING
In Westchester, the DMV refusal hearings are held at the DMV at Larkin Plaza in Yonkers. Losing a refusal hearing means losing your license for a year, so fighting the hearing can be as important as the outcome of the case. At the hearing the officer must prove that there were reasonable grounds to believe that your were driving while intoxicated, that the officer made a lawful arrest, that you were given sufficient warning, in clear or unequivocal language and refused the test anyway.
IF THE OFFICER DOESN'T SHOW AT THE HEARING
If the officer does not show at a Department of Motor Vehicle hearing, then the Administrative Law Judge has to lift the suspension. Usually the officer will be given one additional chance to appear, but if they fail to do so, the proceeding will be closed and you get to keep your license.
OUR WHITE PLAINS OFFICE
203 East Post Road
White Plains, N.Y. 10601
From our White Plains office, our driving while intoxicated attorneys represent people charged with DWI, all over Westchester County, including White Plains, Yonkers, New Rochelle, Port Chester, Mamaroneck, Greenburgh, Rye, Scarsdale, Bronxville, Mt. Pleasant, Mount Kisco, Valhalla, Tarrytown, Sleepy Hollow and Port Chester.
OUR MANHATTAN OFFICE
18 West 33rd Street
New York, N.Y. 10001
From our Manhattan office, our criminal defense attorneys represent people charged with driving while intoxicated in the criminal Courts of Manhattan, the Bronx, and Brooklyn.