If you have been charged with drunk driving, you can face the following penalties:
- Criminal conviction
- Driver's license suspension
- Increase in insurance premium/rates
- Points and penalties assessed by the Department of Motor Vehicles (DMV)
- Loss of vehicle by the New York Police Department (NYPD)
- Participation in an alcohol program and counseling
- Impounding/storage fees by the state of New York
My firm has represented more than 1,000 clients before supreme, criminal and local/town courts on drunk driving offenses in Long Island, Brooklyn, Queens, the Bronx, Manhattan and Staten Island. Appearances in civil actions by the city for forfeiture and license suspension are part of protecting the client against collateral consequences at the hands of the government. I fight for restoral of your driver's license including commercial driver's license, for a noncriminal disposition, the lowest fines applicable by law and/or an outright dismissal. Due to the scientific nature of Breathalyzers, forensic investigators and specialized prosecutors in the pursuit of drunk driving charges, it is imperative to confront these offenses with a criminal law firm that has experience from both an investigative background and as a proven criminal New York City DWI attorney.
Attorney Representation at Refusal Hearings
New York State vehicle and traffic law Section 1194(2)(C) allows you the opportunity to regain/restore your driving privileges. The law offices of Wilson A. LaFaurie will not allow this hearing to be waived. The stakes are too high, and the gain is too great for our clients. My firm will immediately take the following actions:
- Notify the DMV Traffic Bureau, the NYPD and the District Attorney that the client does not wish to waive this hearing
- Argue at the hearing that probable and reasonable cause did not exist in the stopping of the vehicle.
- Argue at the refusal hearing that the arrest was pretextual — that it was not based on proper New York law procedure
- Argue at the refusal hearing that the refusal warning were not administered properly, according to the New York State vehicle and traffic law regulations
Skilled New York City DWI Lawyer
Over the last decade, I have engaged in hundreds of hours of study, seminars and forums involving the ever-changing area of vehicle and traffic law and DUI/DWI defense.
Section 1192 — Operating a motor vehicle while under the influence of alcohol or drugs.
- Section #1: Driving while impaired. This charge is the lowest alcohol and driving offense under the Vehicle and Traffic Law. It is defined as an infraction and not a criminal offense. A dismissal should be sought when representing a client or the lowest fine of $300.
- Section #2: Driving while intoxicated. This charge is defined as an unclassified misdemeanor (as opposed to a misdemeanor in the penal law) and it carries more serious considerations. This charge applies when an individual voluntarily submits to a chemical analysis administered by a law enforcement official and that result demonstrates a .08 percent in a person's blood, breath, urine or saliva. An attorney should litigate for a dismissal or seek a plea bargain of an 1192.1.
- Section #3: Driving while intoxicated. Same as the 1192.2 but the individual accused did not submit to the chemical analysis. Thus, it requires for the law enforcement agent to articulate the common law definition of intoxication, i.e., alcohol on breath, unable to touch finger to nose, slurred speech, etc.
- Section #4: Driving while ability impaired by drugs. The types of drugs contemplated are listed in section 3306 of the public health law.
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To discuss your case with an experienced DUI/DWI defense law firm, call me at 917-338-2739 or fill out the contact form on this website. Hablamos Español.