Hello and welcome back to the blog here at DuBois Law, home of Buffalo, NY's top criminal defense attorneys! We like to use our blog to keep the good residents of WNY informed of their rights and what to expect during their potential journey through the legal system. Please keep in mind our blog is for informative and educational purposes only and is not legal advice in any way. If you or someone you know has been arrested for or stand accused of a crime, the best thing to do is to get in contact with an experienced criminal defense attorney who'll fight for your rights as soon as possible.
Today, we wanted to take some time to talk more about DWI's and run through some penalties and such relating to these crimes. In New York, the penalties for a DWI increase more and more with each subsequent arrest and conviction, which makes getting the proper representation that much more important.
Field Sobriety Tests
Field sobriety tests are administered by law enforcement officers in order to try and pin a person for drinking and driving. These tests are typically designed to make people fail in order to conduct their investigation. Many of them are difficult for even stone-cold sober people, and some like the horizontal gaze nystagmus test don't account for people with a lazy eye. A prosecutor may use that refusal to try and argue a guilty conscious, but a skilled NY defense attorney can attack that claim.
You do need to perform chemical breath tests, like blood, breath, and urine tests, New York is an implied consent state, by having a license and operating a vehicle you're agreeing to these tests. That does not apply to field tests. Refusing a field sobriety test does not automatically result in driver's license revocation. A portable breath test (PBT) is one type of breath test that's most commonly administered during a roadside stop and is admissible in court if certain conditions are met. Remember, you can also refuse this test and won't automatically lose your license, however, prosecutors may use the same guilty consciousness argument.
Penalties for DWI in New York
In New York State, DWI is a crime, with penalties for an alcohol or drug-related conviction including the loss of driving privileges, fines, and potentially jail time. How impaired a driver is can depend on multiple factors such as age, weight, food eaten, amount of time since drinking and more. The penalties for DWI offenses escalate with each offense in a certain period of time, and can be escalated further with modifiers like “aggravated”.
Other penalties that could be faced following a DWI conviction are a requirement to install an ignition interlock device, probation, court costs, and a driver responsibility assessment for 3 years.
What's An Ignition Interlock Device?
An ignition interlock device (IID) is a small breath-testing device that measures alcohol on your breath. They're typically installed on your vehicle after a drunk driving conviction as part of a legal requirement, requiring the driver to blow into the mouthpiece before starting their vehicle.
Do Not Drink And Drive
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!
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 EXAMPLE SHARED HERE IS JUST THAT, AN EXAMPLE. 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 TODAY!
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.
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