New York State DWI Lawyer

A Critical Decision

There are many reasons why obtaining the services of a seasoned DWI defense team as soon as you can after your arrest is critical if you have been charged with one or more DWI offenses. First, while the vast majority of DWI charges in New York are misdemeanors (meaning they are a criminal charge that has a maximum punishment of no more than a year in jail) or traffic infractions (limited jail time possible), these offenses are among the most politically charged offenses in the criminal code. Just the initials "DWI" stir the emotions of many people as much or more than murder and rape. Unlike in many other traffic or criminal offenses, citizens charged with DWI often feel like the courts, prosecutors and juries consider them guilty until proven innocent. The organization Mothers Against Drunk Driving (M.A.D.D.) has led to at least a dozen other groups being formed with similar public awareness or political influence agendas relating directly to drinking and driving (S.A.D.D., R.A.D.D.).

DWI is also one of the most frequently litigated criminal offenses in the New York court system. Unlike most misdemeanors, due to political pressure, you may face significant jail sentences if you are convicted. The particular punishment you face is determined by the judge (within the specified ranges as laid out in the statutes), not by the prosecutor or your defense team. Sometimes, in a DWI situation, each separate crime may have at most a year in jail or prison, but the judge can sometimes add the times consecutively to make your entire sentence run for several years. This jail time may be in addition to substantial fines, lengthy periods of required community service, months or years reporting to a probation officer, and numerous other intrusions which may invade your privacy (and your wallet). If you are convicted or if you plead guilty, you may lose your ability to drive for months, or possibly a year or more. If your driver's license is revoked, you will not be able to again drive until the State of New York (or another state) once more grants you this privilege. People with a DWI conviction on their record may have trouble obtaining a professional license (doctors, lawyers, nurses, accountants, financial Series licenses, etc.), a security clearance, may be otherwise prohibited from certain jobs and will prevent you from entering Canada for a period of years.

A DWI stop and arrest has many important factors which are regularly appealed through the higher New York courts. The courts interpret what the words of each statute mean, and the words in these opinions are sometimes debated. To stay knowledgeable with all of these changes and to give you the best chance at an optimal outcome of your particular case, you need an experienced DWI defense attorney and legal team who works within this area of law every day. Would you go to a heart surgeon who had done only a single bypass operation in the last year or have your taxes done by an accountant who does not deal with tax law on a regular basis?

There are also DWI charges that rise to the level of being felonies (crimes with possible punishments of more than a year in jail and very severe fines). If you are now facing a new DWI charge after a prior conviction for certain DWIs, vehicular homicide or assault within the past ten years, you may be confronting this harsh reality. Conviction of any felony may cause you to permanently lose your right to vote, to own a handgun and to serve on juries. The fines are much higher for felony convictions. The jail or prison time you face may be years when you are convicted of a felony.

Many prosecutors feel it is their duty to get drivers suspected of committing DWI offenses off of the streets, even before guilt is proven beyond a reasonable doubt. This factor makes it extremely unlikely that a non-attorney would be able to negotiate or make any deal with the prosecutor. In New York, the prosecutor generally cannot make a deal and drop all of the DWI charges against you, but a seasoned DWI defense attorney can secure the most advantageous outcome based on years of experience with situations just like yours.