New York DWI & DUI Crimes
Whether you were arrested for DWI in New York City - Manhattan, Brooklyn, the Bronx or Queens - or you were charged with DUI somewhere in Westchester County, no New York City DWI defense attorney will merely tell you that your actions were "O.K." or that your drunk driving arrest will take care of itself. Nobody - from prosecutors and jurors to judges and police officers - finds drunk driving and driving while intoxicated acceptable conduct. While the New York DWI crimes and laws found under Vehicle and Traffic Law (VTL) 1192 are as avoidable as they are deadly, the types of punishment they carry are equally severe and potentially debilitating.
Although it may be that you have learned a serious lesson the hard way, merely because you are accused of driving while intoxicated, under the influence or ability impaired, does not mean you should just accept your punishment and plead guilty to a crime that will remain on your record forever. Again, make no mistake. As New York City DWI defense attorneys we know this is a serious offense that deserves the attention of law enforcement, but plenty of good, honest and hard working people have lapses in judgment. Equally important to recognize, whether you a father of three or working mother, just because the police conclude you were driving while intoxicated does not mean in fact you are. Just like a doctor, teacher, or lawyer can be incorrect, so too can a police officer, prosecutor or the machinery they use in determining your intoxication.
New York Misdemeanor DWI & DUI Crimes & Offenses
- VTL 1192.4 Driving While Intoxicated (DWI) - Impaired by Drugs
- VTL 1192.3 Driving While Intoxicated (DWI) - Common Law & Refusal
- VTL 1192.2 Driving While Intoxicated (DWI) - Per Se; BAC .08 or More
- VTL 1192.2-a Aggravated Driving While Intoxicated (DWI) - BAC.18 or More
- VTL 1192.1 Driving While Ability Impaired (DWAI)
New York Felony DWI & DUI Crimes & Offenses
- VTL 1192.2-a(b) - Leandra's Law - Child 15 or Under in Vehicle
- "Bump" Up DWI Felony - Prior DWI Last 10 Years
Regardless of the DWI charge or crime you are accused of in New York City or the metropolitan area, the process is generally the same. That is, the police may ask you to take some form of a field sobriety test with an alco-sensor or similar device. Moreover, in New York City, upon being brought to a precinct, the police will ask you to blow into an intoxilyzer so they can register your BAC. After this, the police will request that you do a series of physical tests or field sobriety tests. It is critically important to recognize that you do have the right to request or ask for legal counsel any time during the process including before you submit to a breathalyzer at the precinct. Equally important, however, your refusal to submit to this test can result in the revocation of your license for a year. Only you will be able to judge at that particular time whether or not you should submit to the breathe test or refuse.
Once you are brought to see a judge in New York City, the time can take up to 24 hours from your drunk driving arrest, you will be formally advised of the charges against you at your arraignment (for more on the general arrest process please follow the link). Having an experienced DWI attorney at this stage is critical in terms of moving the case forward as efficiently as possible and preserving your rights. For example, you may be entitled to a Hardship Hearing so you can obtain a conditional license despite being suspended from driving. This request must be done at your arraignment. Although not a criminal hearing, after your arraignment for a refusal DWI for failure to supply breathe sample, you will be advised of a date for your DMV Refusal Hearing. At that point, your attorney may have the opportunity to cross examine the police officer without a prosecutor present to protect him or her. The potential to gain valuable information while locking an officer into his or her testimony without the assistance of a prosecutor cannot be overstated.
If an arrest for DWI or DUI in New York was not bad enough, often times prosecutors will charge additional crimes that can be equal to or more serious at your arraignment. These crimes, in no particular order, can include:
- NY PL 120.25 / NY PL 120.20 Reckless Endangerment in the First & Second Degrees
- VTL 600 - Leaving the Scene of an Accident / Incident
- VTL 1212 Reckless Driving
- VTL 125.13 / VTL 125.12 Vehicular Manslaughter in the First & Second Degrees
- VTL 120.04-a / VTL 120.04 / VTL 120.03 Aggravated Vehicular Assault & Vehicular Assault in the First and Second Degrees
Additionally, beyond these crimes, Article 1198 of the Vehicle and Traffic Law sets forth a litany of crimes that relate to the abuse of the ignition interlock device that prosecutors may require you install as part of any plea.
- BAC Calculator (Educational Purposes Only)
- Conditional License & New York DWI Law
- Drinking Driver Program: DDP
- New York DWI – Ignition & Vehicle Interlock Device
- New York DWI Legal Presumptions Associated With Your BAC
The potential criminal and collateral consequences of a DWI or DUI in New York are devastating in terms of fines and license suspension as well as to your career and livelihood. Although the types of punishment for the DWI charges set forth above are listed in each of the respective sections, know that any conviction will not be expunged from your record. A conviction is permanent and life long. The stakes couldn't be higher. Don't let a DWI arrest ruin your career and life by compounding an already terrible situation. The former Manhattan Assistant District Attorneys at Crotty Saland PC are equipped and ready to advocate zealously and to do our best to preserve your future, freedom and integrity.
Call the New York City DWI lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.
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