Bronx DWI Defense Attorney
Facing Charges for Driving While Intoxicated in NYC?
If you have been arrested for driving while intoxicated in New York, seek immediate legal help! You do not have to face your DWI charges alone. If you choose The Law Offices of Elliot S. Kay, you can be sure that our Bronx DWI defense attorney will work alongside you to fight your charges, protect your driving privileges, and pursue a favorable outcome in your case.
Whether you were accused of operating a motor vehicle while under the influence of drugs or alcohol or were arrested for failing a field sobriety test, Attorney Kay can investigate and challenge evidence submitted to the court by the prosecution. He has received NOT GUILTY verdicts for numerous clients in DWI cases.
DWI & DUI Laws & Penalties in New York
The legal blood alcohol concentration (BAC) limit in the state of New York is 0.08 percent. If you are found to be operating a vehicle while your BAC is at or above this level, you will be arrested and charged with DWI. Additionally, you could be arrested and charged with driving under the influence (DUI) if you have traceable amounts of alcohol in your system—even if your BAC is below the legal limit. In either case, there are serious penalties associated with a DWI/DUI conviction.
The penalties for a first-time DWI offense include:
- Up to $1,000 in fines
- Up to 1 year in jail
- License suspension for up to 6 months
Penalties for a second DWI include:
- Up to $5,000 in fines
- Up to 4 years in prison
- License suspension for at least 1 year
For a third DWI offense, you face the following penalties:
- Up to $10,000 in fines
- Up to 7 years in prison
- At least a yearlong license suspension
Fighting DWI after a Failed Breathalyzer/Blood Test
After a DWI/DUI arrest, many people plead guilty to a drunk driving charge without realizing they have the opportunity to challenge the evidence and fight the allegations. No matter the evidence the court may have against you, it is imperative that you speak with a knowledgeable DWI defense lawyer before making any decisions about your case.
There are a variety of factors that could have seriously impacted the results of their chemical tests. DWI evidence, including the results of breathalyzer and blood tests, is often tainted.
Some common mistakes that may lead to tainted breathalyzer/blood test evidence include:
- The officer failed to ensure the defendant had not vomited or burped within 30 minutes of administering a breath test
- The breath machine was not properly maintained and/or calibrated
- The defendant’s arm was wiped with an alcohol swab before a blood sample was taken
There are many issues that can affect the court's alleged evidence against you, so make sure you have all the facts you need to make an informed decision about your defense by talking with a skilled attorney.
Contact The Law Offices of Elliot S. Kay
If you have been arrested and charged with DWI in the Bronx or throughout New York City, you should ensure that you have skilled legal assistance on your side. At The Law Offices of Elliot S. Kay, our criminal defense attorney is dedicated to providing clients with the effective representation they need to protect their rights and safeguard their freedom. Your situation is important to us; let us put our experience and skill to work for you.