New York driving offenses while intoxicated (Vehicle and Traffic Law 1192) is committed when a person operates a vehicle with a blood alcohol level in the blood of 08% or more. DWI can also show when a person is so intoxicated that cannot safely operate a vehicle. DWI is a misdemeanor so not need a qualified and experienced New York criminal defense attorney to defend you if you’ve been charged with DWI. A conviction for driving while intoxicated carries a shelf life of six months of your license to drive in New York, as well as other sanctions including possible imprisonment.
In New York, there is also a misdemeanor charge of driving under ability affected. Driving while ability impaired and normally is a violation punishable by a fine, license suspension and 90 days probation to complete certain programs.
The Law of New York also has a section called enhanced Aggravated DWI. If you have been charged with Aggravated DWI you need an experienced DWI lawyer in New York. Aggravated DWI prohibits operating a motor vehicle while with .08 or more than one percent by weight of alcohol in the blood of a person as shown by chemical analysis of the person’s blood, breath, urine or saliva. Aggravated DWI is a misdemeanor and carries a minimum fine of $ 1000, with the revocation of license for a year.
Under 21 Years Old
If you are under 21 and left more than .02% BAC and less than 0.08% BAC, you can be charged with a violation of vehicle and traffic law, but this is not a crime and cannot be prosecuted in criminal courts. If you have been accused of this section in the Criminal Court of First Instance, an attorney can file a motion to dismiss the charges because these violations may be filed only in the DMV file. This violation carries a six-month suspension of license.
If you have been convicted of driving while intoxicated in the past ten years and have been charged again, probably will face a felony.
How lawyers fight these charges?
In New York and Westchester courts, our criminal defense attorneys has been very successful in getting driving charges reduced while ability impaired.
Our Attorneys in New York and Westchester DWI have also seen the possibility of challenging the blood using alcohol readings expert toxicologists and attacking the methods and assumptions used by machines performing the tests.
The defenses to charges of driving while intoxicated include no operation, you can safely handle the vehicle and that the BAC at the time of the operation was not above the legal limit.
There are many cases where the police arrest someone who is simply drunk at the wheel of a parked car. This scenario often occurs when someone believes they are too drunk to drive, so sleep in the car and start the engine for heat, music or air conditioning.
These cases are very defendable because to establish computer operation you have to do to move the vehicle or show that the intention to move the vehicle is activated. A good defense lawyer in New York can demonstrate that you did not intend to move the vehicle, so you do not drive, as such, cannot be convicted of DWI.
Too intoxicated to operate a vehicle
Simply having a certain level of alcohol in blood is not enough for a conviction under this section. By contrast, the state must prove that you were not physically capable of operating a vehicle. This is usually done by demonstrating that failed sobriety tests and / or use these vehicles, so that shows that they were too drunk to drive, as jogs, speeding or some other violation.
Driving after consuming drugs
To establish a violation of driving while ability impaired by drugs, the law requires that a person’s ability to drive to be impaired by drugs. Therefore, merely to show that the person takes drugs is insufficient. The New York State must prove that the person’s ability to drive was impaired by the drug effectively. This is usually done through sobriety tests.
This will also be attacked by showing that the drugs were no longer in the blood at the time of vehicle operation, as many drugs remain in the system more than it affects the person.