DUI and DWI Lawyers and Attorneys in New York City
If you’re facing charges for drinking and driving in New York City, you may risk losing your driving privileges, face fines, may be required to use an ignition interlock device on your car, and may even have to serve time in jail. A qualified DUI/DWI lawyer in New York City can advocate for your rights and work to reduce the impact of your DWI/DUI charge. While officers and prosecutors have many tools to convict you, a DUI/DWI attorney may be able to employ one or several legal defenses to protect you from conviction or reduce the charges against you. Every case is unique. The Spodek Law Group, P.C. are DUI/DWI attorneys in New York City who fight your charges aggressively. Much is on the line when you’re facing DUI/DWI charges. You need a passionate defense working for you.
There are many ways a DUI/DWI lawyer can defend you against your charges. There are several common defenses that can be used in DUI/DWI law to protect your rights. Your DUI/DWI lawyer will likely ask you for details about the circumstances of your arrest when you meet. Here are a few common DUI/DWI defenses:
- Were you improperly stopped? Police must have probable cause in order to stop you. A lawyer can review your citation to ensure that the arresting officer had probable cause to pull you over in the first place. For instance, just weaving within your lane, is not, in itself, breaking the law. Only when cars drift outside their rightful lane are they in violation of the law.
- How were sobriety tests administered? Field sobriety tests and even portable breathalyzer tests can sometimes result in false positive results. For instance, field sobriety tests can sometimes be inaccurate if you have a medical condition that affects your balance. Your lawyer will take a look at the maintenance and model of any breath test used, to ensure that your results are as accurate as possible and admissible in court.
- Mishandled evidence. There are specific rules of procedure governing the administration of blood alcohol tests and other results. Your lawyer can investigate how officers handled these tests and results to make sure that evidence wasn’t tampered with or mishandled.
- Civil rights violations. If you were racially profiled, treated with violence, or otherwise mistreated, your lawyer may be able to build a stronger defense against your arrest.
Your DUI/DWI lawyer will take a close look at your case and determine the best defense that works for you. In some instances, charges may be dropped or reduced with a strong defense. Protect your rights. Contact the Spodek Law Group, P.C. today.
New York City DUI/DWI Laws
If your blood alcohol level is found to be higher than the state limit of 0.08%, you face serious penalties. The penalties are higher if your blood alcohol limit exceeds 0.18%. Refusing to submit to a blood alcohol test or a breathalyzer test after you’ve been arrested also carries some serious consequences. If you’ve been arrested and resist taking the test, your driver’s license will be automatically suspended for one year. Here are some penalties for a DUI/DWI:
- First time DUI/DWI violators face a jail sentence up to 1 year, fines up to $1000, a minimum license suspension of 6 months, and use of an ignition interlock device.
- Aggravated DUI/DWI carries higher penalties, with fines up to $2,500, jail sentencing up to 1 year, and mandatory license revocation for 1 year.
- Second, third, and subsequent DUI convictions carry higher fines, longer jail sentencing, and longer license suspension periods.
If you’ve been charged with a DUI/DWI in New York City, you need an attorney working with you to protect your freedoms and your rights. Having a criminal record and losing your license can have an immense impact on your life. With so much at stake, you need a qualified DUI/DWI attorney working for you. Contact the Spodek Law Group, P.C. today to learn more. You only have a limited amount of time to fight your charges.