Hello and welcome back to the blog here at DuBois Law. Here on the blog, we like to disseminate available information to the good residents of New York, to keep you informed of your rights. We like to keep the people of WNY educated on their rights so we can navigate the legal system together. We recently dived into mistakes people tend to make that can harm their case, with one of them being not getting an experienced defense attorney on your side. Today, let's focus on that - why do you need an experienced DWI defense attorney in NY?
Before we get to that though, we need to go over the differences between DWI and DWAI, the consequences of a conviction, and we can then move into why you need an attorney right away and the benefits of a DWI defense lawyer.
Understanding DWI and DWAI in New York
DWI and DWAI are closely related, but they have some considerable differences. Driving While Intoxicated (DWI) is an elevated charge to Driving While Ability Impaired (DWAI). DWAI is a violation that is typically tailored to the infraction (i.e., DWAI-Alcohol, or DWAI-Drugs).
Here in New York, the courts focus on the driver's impairment level when determining which charge to bring. In an arrest involving alcohol, if the Blood Alcohol Content (BAC) is between .04 to .07, the charge would be DWAI. Note that this could also be brought if the driver shows evidence of being mentally or physically impaired, such as being high. If the BAC is over that limit, the charge would be elevated to DWI, and then further enhanced from there with aggravating factors if present.
The Consequences of a DWI Conviction in NY
Here in New York, the consequences for a DWI conviction are harsh, because of how dangerous it is and the state wants to prevent people from engaging in the activity. Please keep in mind though that the outcome of your case depends on its specific facts and circumstances, and cannot be predicted using prior results. The penalties for a DWI conviction scale based on severity and frequency, so let's go over them.
New York DWI/DWAI-Drug Punishments
Action Against License
First Offense DWI/DWAI-Drug
Revoked for a minimum of 6 months
Second Offense DWI/DWAI-Drug in 10 years (Class E Felony)
Revoked for a minimum of 1 year
Third Offense DWI/DWAI-Drug in 10 years (Class D Felony)
Revoked for a minimum of 1 year
A DWI can also affect your professional career, too, on top of the legal troubles. A DWI conviction may prevent you from being hired at all depending on the career path you're on - for example jobs where driving is an integral function. Other professional fields may skip your application if your background check shows a DWI conviction.
Speaking of, background checks are among the first steps conducted by companies to screen candidates, and a DWI would absolutely show up there. If you're in or going into a field requiring a license, you will likely be passed over with a DWI. Not to mention employers may view a DWI as a sign of a deeper issue, such as alcoholism.
Not only that but with your license being suspended, even if you do land the job being able to have reliable transportation to and from work becomes an issue. Which could lead to being late or missing a day of work entirely. That, in turn, could lead to discipline like job loss.
Finding a job with a DWI conviction isnt impossible, but it is exceedingly more difficult. You need an experienced DWI defense attorney on your side to mitigate the worst outcomes.
The Importance of Hiring a Defense Lawyer Immediately After a DWI Arrest
Most people don't have the complex understanding of the legal system that navigating it successfully requires, not to mention the stress of facing a charge. Having an unbiased 3rd party that fights on your side to defend your rights is paramount to successfully obtaining the best outcome you can get. When you hire an experienced Buffalo NY DWI defense attorney right away you get a myriad of benefits, namely:
- Obtaining evidence faster
- More likely to retain driving privileges
- In-depth knowledge of the latest in blood tests, field sobriety tests, blood alcohol content levels, and what police are and are not allowed to do.
Most DWI cases are complex, and hiring an attorney right away allows your defense to dive into the details right away. If you wait too long, important evidence could be lost.
The Benefits of Hiring a Buffalo, NY DWI Defense Attorney
Hiring an experienced DWI defense attorney is an extremely important part of your defense and immediately elevates your chances in the matter. Your attorney understands how to navigate the complex legal system. Plus, self-representation is a recipe for getting in more trouble, courts generally have low tolerance for people representing themselves that don't know the rule of law.
Your defense attorney has in-depth knowledge of the court's customs and procedures too, usually having a relationship with the judge from previous cases. If a judge has certain tendencies towards evidence or ways of approaching things, your attorney would likely know them.
Your lawyer also increases the chances that you get your license back or prevent it from being suspended. I know, we just said that there's mandatory license revocation, however, a skilled DWI defense team might be able to get your charge lowered, which would prevent you from losing it.
Not to mention, the peace of mind of knowing that the best people available are fighting on your behalf. Cases can be lonely and they're definitely stressful, and DWI cases ramp that up substantially because of the potential repercussions. Having an experienced DWI attorney on your side gives you the confidence to not worry about the case all day because the best in the business is fighting to protect your rights.
DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS, AND THE OUTCOME OF YOUR PARTICULAR CASE OR MATTER CANNOT BE PREDICTED USING A LAWYER'S OR LAW FIRM'S PAST RESULTS. EVERY HYPOTHETICAL SHARED HERE IS JUST THAT, AND ANY CASES REFERENCED ARE FOR INFORMATIONAL AND EDUCATIONAL USE AND DO NOT CONSTITUTE LEGAL ADVICE. EACH CASE IS UNIQUE AND SHOULD BE EVALUATED THROUGH A PHONE CALL OR MEETING WITH DANIEL DUBOIS, WITHOUT COMPARISON TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.
Reach Out to The Best DWI Defense Lawyers in Buffalo NY Today!
The most effective way to ensure that you never have to worry about the guilt and penalties associated with a DWI is to never drink and drive. Mistakes happen though, which is why here at DuBois Law, we understand, we never judge.
If you or someone you know is charged with a DWI or DWAI please don't hesitate to reach out as soon as possible. Getting in touch with a reputable DWI defense attorney right away is imperative to try and get the best outcome for the case that we can. The earliest decisions you make may influence the end result, so don't delay!
Remember to stay up to date with our blog, where we regularly go over these higher-level looks at NY Law, go over the process of arrest, and more. Don't just take our word for it, check out our Testimonials and Google Reviews! Everyone deserves the best representation to prove their side, which is why we have financing plans to be flexible for you.
About DuBois Law
Facing any charge is a stressful endeavor. If you or someone you know needs a criminal defense attorney, don't hesitate to reach out to DuBois Law. You're innocent until proven guilty.
Save yourself the trouble of searching “best criminal defense lawyers near me,” remember to call Dan DuBois Law at (888)-NT-GULTY [(888) 684-8589] or fill out a contact form. Get your FREE consultation today