DWI FAQ

Answers From a New York DWI Lawyer

If you have been arrested and charged with DWI, you may soon realize that you face a tremendous amount of legal and administrative frustrations. From criminal court proceedings to administrative license hearings, DWIs are rife with convoluted legal procedures. When you also face serious penalties, securing experienced legal representation becomes the most crucial aspect of your case.

The Law Office of Richard Southard understands that DWI charges can be overwhelming, and Attorney Richard Southard works diligently to educate clients about their charges and rights, and to protect their freedoms and futures. To help you better understand DWI / DUI charges in New York, he has provided answers to common DWI questions.

What should I do after an arrest?
After you have been arrested and formally charged the first thing you should do is seek legal counsel immediately. Working with an experienced DWI attorney familiar with New York laws can ensure you do not make any errors or mistakes that impact the outcome of your case and that you meet all the necessary procedural requirements. Beyond working with legal representation, it is also important that you collect all the relevant information pertaining to your arrest and case, including all court dates and documents.

What will happen to my driver’s license?
DWI charges are handled in two separate legal proceedings. Criminal cases will concern whether or not you are guilty of a criminal act. Administrative license hearings, on the other hand, will concern your diving privileges. After you have been arrested, law enforcement officers will confiscate your license and give you a temporary license, after which a license suspension will be imposed. If you wish to challenge a license suspension you must request a hearing as soon as possible – there is a time limit in place. Terms of your suspension will depend on the circumstances surrounding your case. You may also be eligible to obtain a restricted license for work and school related purposes only.

What is BAC?
BAC stands for blood alcohol concentration. In New York, the legal limit for driving while intoxicated is .08%. You can still be prosecuted for a driving under the influence even if your BAC is below .08% if an officer believes you are too impaired to drive or if you are arrested for a driving under the influence of drugs. Higher BAC levels may also subject you to harsher penalties

What are the penalties for a DWI conviction?
This is difficult to answer because the penalties a person will experience will always vary depending on the personal circumstances of their case. Generally, a DWI conviction will result in large fines and numerous financial implications, possible terms of imprisonment, enrollment in a drunk driving education class, license suspension, and probation, among other penalties. A conviction will also result in a criminal record, which can greatly impact your future.

What are enhancements?
Enhancements are aggravating circumstances or factors that result in heightened penalties. Some common enhancements include prior convictions, high BAC levels, having a minor in the car, causing an accident that results in injury or death, and others. There are also situations in which arresting law enforcement officers find evidence of another crime for which they can prosecute you, including possession of a controlled substance.

Can DWI charges be beat?
Absolutely. There are numerous defense strategies, technicalities, and details that can result in charges being dismissed or reduced. For example, challenging the results of a breath and blood test is a common defense strategy used to defend against allegations. The firm’s top priorities are to do whatever possible to beat your charges and minimize penalties. We do this through meticulous preparation and aggressive representation in court and at trial, when necessary.

Discuss Your Case for Free With a New York DWI Attorney

If you have any more questions about DWI or about your case, contact the Law Office of Richard Southard as soon as possible. Attorney Southard is a former prosecutor who have been named among the 10 Best Attorneys of 2014 by the American Institute of DUI/DWI Attorneys™. Trust experience.

Call (212) 385-8600 to request a free consultation.