Driving while intoxicated (DWI), also known as driving under the influence (DUI) in other states, is a serious offense and not a charge to be taken lightly. In the state of New York, offenders may be charged with DWI if they have a blood alcohol concentration of.08% or higher. DWI is a misdemeanor, and therefore, a crime.
If the blood alcohol concentration is.18 or higher, offenders may be charged with Aggravated DWI. Similar to DWI, Aggravated DWI is a misdemeanor, and therefore, a crime. Aggravated DWI carries penalties greater than that of DWI.
For blood alcohol concentration (BAC) lower than .08%, a charge of Driving While Ability Impaired (DWAI) is applicable. DWAI is a traffic offense, and therefore, is not a crime. You can still get a ticket on your record though. In many cases, the charged individual wishes to have his or her charge reduced to DWAI so that the case can be resolved with only a traffic violation conviction, as opposed to a criminal conviction. When this occurs, the client is able to resolve the case without acquiring a criminal record.
No matter the blood alcohol concentration, an accomplished criminal defense attorney can achieve a plea bargain that reduces the level of offense. The Law Office of William J. Reddy has an outstanding reputation for being able to achieve a DWAI result for those clients who were originally charged with higher offense levels such as DWI.
Felony DWI is the applicable charge for individuals who are accused of committing DWI while previously being convicted of DWI within the previous 10 years. The Law Office of William J. Reddy has extensive experience handling Felony DWI matters and has avoided incarceration and felony convictions for many persons so charged.
In many cases, persons are charged with DWI (or Felony DWI, as applicable) even though their blood alcohol concentration is not ascertained by law enforcement. Such cases are commonly referred to as "refusal" cases, since law enforcement accuses the individual of refusing to submit to a blood alcohol concentration test, or accuses the individual of performing the test in such a way as to obstruct it from producing a result.
Refusal cases are charged on a "common law" theory of intoxication, and need not rely on a blood alcohol result. Also known as "common law" cases, these matters require the prosecutor to prove beyond a reasonable doubt that the individual was intoxicated based solely on the officer's observations of the individual, the manner in which they operated their vehicle, and any statements they may have made. Such "refusal" or "common law" cases are misdemeanors (or felonies if the person has a prior DWI conviction), and therefore, are crimes. The Law Office of William J. Reddy has had great success getting the large majority of these cases reduced to DWAI or dismissed outright.
"Refusal" or "common law" cases also require the individual to defend themselves in a separate administrative hearing at DMV. Even though such proceeding is outside the criminal justice system, and a criminal conviction cannot occur in such a venue, the DMV administrative hearing still carries with it significant potential sanctions, including loss of license and financial penalties.
Unlike many other offices, the Law Office of William J. Reddy does not charge extra to handle these administrative hearings, and deems these hearings to be integral to the entire defense effort. Mr. Reddy will discuss with you how the criminal matter and the administrative hearing interact with regard to your license, and how strategic thinking can greatly minimize the time you are without privilege to drive.
For any conviction to DWI or Felony DWI, an ignition interlock device (IID) is now mandatory. These devices cause significant embarrassment and financial hardship for those who are made to install them in their vehicles. The Law Office of William J. Reddy is well versed in this emerging area of law and will ensure that you are treated fairly. Of course, the best way to ensure that you are treated fairly with regard to an ignition interlock device is to avoid the criminal conviction that requires it be installed. Any dismissal, conviction to DWAI, or conviction to other types of offenses will not trigger the mandatory ignition interlock device rule. The Law Office of William J. Reddy has a great track record of achieving these results, and thus avoiding the ignition interlock device for their clients.
Each different DWI offense carries different penalties in the state of New York.
Penalties increase with each subsequent offense.
Increased penalties for second and third aggravated DWIs:
Increased penalties for second and third DWI or DWAI:
Increased penalties for driving while ability impaired by alcohol:
Leandra's Law also plays a role in DWI charges in New York. The state of New York is one of many states which has implemented special child endangerment laws designed to impose serious provisions and penalties on drivers who not only place themselves at risk when they get behind the wheel, but place a child passenger at risk as well. Those provisions and penalties include:
If you or a loved one have been arrested for or are facing DWI charges, I advise you to contact a Rockland County DWI attorney at the Law Office of William J. Reddy. My firm has over 15 years' experience dealing with criminal cases, and you should avail yourself of this breath of experience.
Drivers who have been arrested for and are facing DWI charges are often quick to assume they have no legal options, especially if they took a breath test or a blood test which showed their blood alcohol concentration to be.08% or higher. However, that is not true. Test results can be challenged, as well as the legality of the stop and arrest. Due to my successful track record defending individuals who have been accused of a crime, I understand that a detailed review and evaluation of your case, along with thorough case preparation are vital factors in building a compelling criminal defense.
You do have options. You do have rights. What you need is an attorney who will aggressively fight for those rights. Contact a Rockland DWI attorney at my firm right away so we can review your case and advise you of your legal options.