What Does a New York DWI Lawyer Do? 2024

Driving while intoxicated (DWI) in New York is highly illegal in every state. You can face harsh penalties if you are pulled over and found to have a blood alcohol content (BAC) above the legal limit. If you are charged with a DWI in New York, you should contact an experienced lawyer who can help you fight the charges. However, you may first be asking, “What does a New York DWI lawyer do?”

What Does a New York DWI Lawyer Do?

A New York DWI lawyer protects their clients’ interests and ensures that they are never taken advantage of by law enforcement or other interested legal entities. An experienced DWI lawyer does what they can to defend their clients against misdemeanor or felony charges, depending on the case.

Under New York state law, if you are pulled over on suspicion of drunk driving and found to have a BAC of 0.08% or higher, you could be arrested for a DWI. If you are found to have a BAC of 0.18% or higher, you could be charged with an aggravated DWI, as this would be twice the legal limit for drivers 21 years old and older. An aggravated DWI involves more serious penalties.

Any drivers who are under 21 years of age and found to have a BAC of 0.02% to 0.07% may be found guilty under New York’s Zero Tolerance Law, which makes it automatically illegal for any underage driver to be even remotely intoxicated.

Possible Defenses Against a DWI

You may believe that, after being arrested for a DWI, a conviction is the only possibility. There are many different ways to fight a DWI charge, and they all begin with hiring a DWI lawyer to supervise your case. Here are some of the possible defenses you may be able to use against your DWI charges:

• Lack of Reasonable Suspicion: If you were pulled over without any reasonable suspicion, there is a chance that the evidence obtained after you were pulled over could be considered inadmissible. In addition, a police officer must have probable cause that a crime is being committed in order to search a private citizen’s home or vehicle. Your lawyer may be able to argue that the officer did not have cause.
• Defective Test: Many DWIs are determined by a breathalyzer test, in which the suspected drunk driver breathes into the breathalyzer, which then determines their blood alcohol content (BAC). Your lawyer could argue that the breathalyzer that was used was not properly calibrated or improperly stored, which could have resulted in a faulty test.Your lawyer could also argue that the test was administered by a police officer who may not have been properly trained on how to perform the test, which creates a higher probability of error. An experienced DWI lawyer will know the most effective way to challenge the accuracy of your breathalyzer test if you were given one.
• Alternative Reasons: One defense your lawyer may attempt to use is that you were not intoxicated, but you did appear so due to other reasons. Some medical conditions may give you the appearance of drunkenness, and those same medical conditions may skew the results of a breathalyzer test.

FAQs

Q: Do I Need a Lawyer for DWI in New York?

A: Technically, you do not need to hire a lawyer for a DWI in New York. It is perfectly legal to attempt to handle your own DWI case without retaining counsel. However, it is highly recommended that you hire a lawyer whenever you are dealing with criminal charges of any kind. An experienced DWI lawyer can provide you with advice and strategies that you can only learn from years of handling DWI cases.

Q: How Much Is a DWI Lawyer in New York?

A: There is no telling how much a DWI lawyer will cost in New York. Every DWI lawyer charges different fees and rates, as every lawyer brings different levels of experience, knowledge, and efficacy to the cases that they take on. Lawyers’ fees are changing constantly, as they reflect their competition. An experienced lawyer will take into account their availability, resources, experience, education, caseload, and past victories when deciding on their fee.

Q: How Can I Get a DWI Dismissed in New York?

A: Your lawyer may be able to get your DWI dismissed in New York if they can successfully prove that your initial pull-over, arrest, or search was not legal. A police officer must have probable cause to search a private citizen’s home or vehicle. If that probable cause was not evident, all the evidence they may have gathered to prove a DWI may be considered inadmissible. That’s just one of the possible ways your lawyer may have your case dismissed.

Q: What Can a DWI Be Reduced to in New York?

A: An experienced DWI lawyer may be able to get your charge reduced to a lesser one, depending on the circumstances of your case. Your DWI could be reduced to a traffic violation like reckless driving or improper vehicle operation, which carries a lesser penalty than a DWI. There may still be a fine or other consequences, but they may be less than those of a DWI.

Reach Out to a DWI Lawyer Today

Facing the aftermath of a DWI can be embarrassing and frustrating, especially if you attempt to handle the legalities all by yourself. Hiring an experienced DWI lawyer who understands the complexities of New York state law can only serve to benefit you.

The legal team at The Vitaliano Law Firm understands the type of help you need. We have years of experience defending clients against DWI charges, including first-time misdemeanors and serious, complex felony charges. We can develop your case, gather evidence, and represent your interests.

Our skilled lawyer can determine the most effective strategy for your case, whether it involves challenging the accuracy of the blood test or asserting that your rights were violated. Contact us today to discuss your DWI case.