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
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