Bronx DWI Lawyer
Aggressive Defense Against Driving While Intoxicated Charges 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 NY DWI charges alone. If you choose The Law Offices of Elliot S. Kay, you can be sure that our Bronx DWI 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 NY DWI cases.
New York DWI Laws
The legal blood alcohol concentration (BAC) limit in 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 in New York. 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, severe penalties are associated with a DWI/DUI conviction.
What are the Penalties for a DWI in New York?
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 a DWI after a Failed Breathalyzer/Blood Test
After a DWI/DUI arrest in NY, 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 Bronx DWI 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.
How to Get a DWI Dismissed in NY
Getting a DWI (Driving While Intoxicated) dismissed in New York can be challenging but not impossible. Here are some steps you can take to increase your chances of getting the charge dismissed:
- Hire an experienced DWI attorney: A skilled attorney with experience in defending DWI cases can be instrumental in getting the charge dismissed. They can review the details of your case and identify any potential weaknesses in the prosecution's case. They can also help negotiate a plea deal or represent you in court.
- Challenge the evidence: Your attorney can challenge the evidence presented against you, including the results of any breathalyzer or field sobriety tests. They may argue that the equipment used to conduct the test must be calibrated properly or that the officer must follow the proper procedures.
- Dispute the traffic stop: Your attorney may be able to argue that the traffic stop was not legal, and therefore, any evidence obtained during the stop should be suppressed. For example, if the officer did not have probable cause to pull you over or if they conducted an illegal search or seizure, this could be used to get the charges dismissed.
- Seek a plea bargain: In some cases, seeking a plea bargain may be in your best interest rather than trying to get the charges dismissed. This could involve pleading guilty to a lesser charge, such as reckless driving or a traffic violation, in exchange for a reduced sentence.
- Attend treatment programs: Completing an alcohol or drug treatment program can show the court that you are responsible for your actions and committed to making positive changes. This could reduce your sentence or increase your chances of getting the charges dismissed.
It's important to note that each case is unique, and the best approach to getting a DWI dismissed will depend on the specific circumstances of your case. A qualified DWI attorney can provide guidance and help you understand your legal options.
Contact Our Bronx DWI Attorney Today
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. At The Law Offices of Elliot S. Kay, our Bronx DWI 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.
Contact The Law Offices of Elliot S. Kay today to schedule a FREE consultation with our DWI lawyer in the Bronx!