Bronx DWI Lawyer

Aggressive Defense Against Driving While Intoxicated Charges in NYC

If you have been arrested for driving while intoxicated in New York, seek immediate legal help! You do not have to face your NY DWI charges alone. If you choose The Law Offices of Elliot S. Kay, you can be sure that our Bronx DWI attorney will work alongside you to fight your charges, protect your driving privileges, and pursue a favorable outcome in your case.

Whether you were accused of operating a motor vehicle while under the influence of drugs or alcohol or were arrested for failing a field sobriety test, Attorney Kay can investigate and challenge evidence submitted to the court by the prosecution. He has received NOT GUILTY verdicts for numerous clients in NY DWI cases.

Are you facing a DWI charge in New York? Call The Law Offices of Elliot S. Kay today at (646) 759-9233 or contact us online to schedule a meeting with our DWI attorney in the Bronx!

What Constitutes a DWI Under New York Laws?

The legal blood alcohol concentration (BAC) limit in New York is 0.08 percent. If you are found to be operating a vehicle while your BAC is at or above this level, you will be arrested and charged with DWI in New York. Additionally, you could be arrested and charged with driving under the influence (DUI) if you have traceable amounts of alcohol in your system—even if your BAC is below the legal limit. In either case, severe penalties are associated with a DWI/DUI conviction.

Types of alcohol-related offenses in New York include:

• Driving While Ability Impaired by Alcohol (DWAI-Alcohol) – BAC of 0.05% to 0.07% or other evidence of impairment.
• Driving While Intoxicated (DWI) – BAC of 0.08% or more.
• Aggravated DWI – BAC of 0.18% or more.
• DWAI-Drugs – Operating a vehicle under the influence of a controlled substance.
• DWAI-Combined Influence – Impairment by a combination of alcohol and drugs.
• DWI Involving Accidents or Injuries – When a DWI charge involves an accident, especially one causing injury or death, prosecutors may pursue charges such as vehicular assault or manslaughter.
• Underage DWI – Drivers under 21 are subject to New York’s Zero Tolerance Law. A BAC between 0.02% and 0.07% results in administrative penalties.

A Bronx DWI attorney assesses the exact charges and builds a strategy tailored to each client's circumstances.

What Are the Penalties for a DWI in the Bronx?

The penalties for a first-time DWI offense include:

• Up to $1,000 in fines
• Up to 1 year in jail
• License suspension for up to 6 months

Penalties for a second DWI include:

• Up to $5,000 in fines
• Up to 4 years in prison
• License suspension for at least 1 year

For a third DWI offense, you face the following penalties:

• Up to $10,000 in fines
• Up to 7 years in prison
• At least a yearlong license suspension

Additional consequences of a DWI conviction may include mandatory installation of an ignition interlock device (IID), enrollment in the Drinking Driver Program (DDP), increased auto insurance premiums, and a lasting criminal record. A Bronx DWI lawyer can help mitigate or avoid these outcomes by conducting a thorough legal analysis, negotiating with prosecutors, and providing strong representation in court.

First-Time DWI Offenders: Options and Alternatives

For individuals charged with a first-time DWI, the legal system may offer alternatives to conviction. These include:

• Plea to DWAI-Alcohol: A lesser charge that avoids a criminal conviction and carries lighter penalties.
• Conditional Discharge or Probation: Instead of jail time, a judge may impose conditions like alcohol treatment or education.
• Conditional License: May be available for drivers who complete certain requirements, allowing them to travel to work, school, or medical appointments.

However, repeat DWI charges significantly increase legal exposure. A second or third conviction within 10 years is treated as a felony in New York, with harsher sentencing guidelines and longer license revocations.

Is It Possible to Fight a DWI After a Failed Breathalyzer/Blood Test?

After a DWI/DUI arrest in NY, many people plead guilty to a drunk driving charge without realizing they have the opportunity to challenge the evidence and fight the allegations. No matter the evidence the court may have against you, it is imperative that you speak with a knowledgeable Bronx DWI lawyer before making any decisions about your defense.

There are a variety of factors that could have seriously impacted the results of their chemical tests. DWI evidence, including the results of breathalyzer and blood tests, is often tainted.

Some common mistakes that may lead to tainted breathalyzer/blood test evidence include:

• The officer failed to ensure the defendant had not vomited or burped within 30 minutes of administering a breath test
• The breath machine was not properly maintained and/or calibrated
• The defendant's arm was wiped with an alcohol swab before a blood sample was taken

There are many issues that can affect the court's alleged evidence against you, so make sure you have all the facts you need to make an informed decision about your defense by talking with a skilled attorney.

How to Get a DWI Dismissed in the Bronx?

Getting a DWI (Driving While Intoxicated) dismissed in New York can be challenging but not impossible. Here are some steps you can take to increase your chances of getting the charge dismissed:

• Hire an Experienced DWI Attorney: A skilled attorney with experience in defending DWI cases can be instrumental in getting the charge dismissed. They can review the details of your case and identify any potential weaknesses in the prosecution's case. They can also help negotiate a plea deal or represent you in court.
• Challenge the Evidence: Your attorney can challenge the evidence presented against you, including the results of any breathalyzer or field sobriety tests. They may argue that the equipment used to conduct the test must be calibrated properly or that the officer must follow the proper procedures.
• Dispute the Traffic Stop: Your attorney may be able to argue that the traffic stop was not legal, and therefore, any evidence obtained during the stop should be suppressed. For example, if the officer did not have probable cause to pull you over or if they conducted an illegal search or seizure, this could be used to get the charges dismissed.
• Seek a Plea Bargain: In some cases, seeking a plea bargain may be in your best interest rather than trying to get the charges dismissed. This could involve pleading guilty to a lesser charge, such as reckless driving or a traffic violation, in exchange for a reduced sentence.
• Attend Treatment Programs: Completing an alcohol or drug treatment program can show the court that you are responsible for your actions and committed to making positive changes. This could reduce your sentence or increase your chances of getting the charges dismissed.

It's important to note that each case is unique, and the best approach to getting a DWI dismissed will depend on the specific circumstances of your case. A qualified DWI attorney can provide guidance and help you understand your legal options.

Contact Our Bronx DWI Attorney Today

If you have been arrested and charged with DWI in the Bronx or throughout New York City, you should ensure that you have skilled legal assistance. At The Law Offices of Elliot S. Kay, our Bronx DWI attorney is dedicated to providing clients with the effective representation they need to protect their rights and safeguard their freedom. Your case is important to us; let us put our experience and skills to work for you.

Contact The Law Offices of Elliot S. Kay by calling (646) 759-9233 today to schedule a FREE consultation with our DWI lawyer in the Bronx!

Frequently Asked Questions about DWI Defense in New York

What Happens If I Refuse a Breathalyzer Test in the Bronx?

Refusing a breathalyzer test in New York can lead to automatic consequences under the state’s implied consent laws. Implied consent means that by having a driver’s license in New York, you consent to chemical testing if lawfully arrested for driving while intoxicated. If you refuse, you may face immediate administrative penalties such as a driver’s license suspension for up to a year, along with fines.

Although refusal may prevent immediate evidence of your blood alcohol content, law enforcement can use your refusal against you in court as an indication of guilt. It’s crucial to weigh these consequences and consult a proficient lawyer who can navigate these challenges and work to mitigate potential effects, especially given the serious nature of DWI and the impact of losing driving privileges.

How Can a DWI Affect My Career?

A DWI conviction can have significant repercussions on one’s career. If your position requires driving, a conviction could lead to job loss due to license suspension. Even if driving isn’t a central requirement, employers might view a DWI as a mark against personal responsibility, affecting promotion prospects and professional relationships. Some professions, particularly those in the public sector, with a focus on safety or legal fields, may have specific clauses about criminal records that could lead to disciplinary actions or termination.

Employment background checks are common, and a DWI might limit future career opportunities or subject you to additional scrutiny. Understanding these potential impacts is essential, and taking proactive steps like legal counseling and pursuing expungement where applicable can help manage and possibly alleviate career-related consequences of a DWI.

Is it Possible to Get a DWI Reduced to a Lesser Charge in the Bronx?

Getting a DWI reduced to a lesser charge like reckless driving is sometimes possible and often hinges on the details of the arrest, the evidence available, and the skill of your legal defense. Prosecutors might be open to negotiation, especially if there is a lack of strong evidence or if this is a first offense with a clean driving record.

An experienced lawyer can negotiate with the prosecution by exposing weaknesses in the case or demonstrating your commitment to rehabilitation through treatment programs. A reduction can lessen penalties and future complications, but this outcome varies greatly depending on jurisdictional practices, the particulars of the arrest, and the legal representation.

What Are the Steps After Being Charged with a DWI in New York?

After being charged with a DWI in New York, it’s critical to act promptly. Initially, review the details of your arrest to ensure that proper procedures were followed. Next, consult with a qualified DWI attorney, such as the professionals at The Law Offices of Elliot S. Kay, who can provide guidance on forming your defense.

Within the first 30 days, you’ll likely face a court appearance, so having a prepared legal strategy is essential. During this period, gather evidence, speak with potential witnesses, and begin any recommended education or rehabilitation programs, as these can positively influence your defense strategy or plea negotiations. Acting swiftly and decisively can set a constructive tone for your legal journey and potentially result in fewer penalties or sentence reductions.

Why Is Hiring a Local Bronx DWI Lawyer Important?

Hiring a local Bronx DWI lawyer is crucial due to their specific knowledge of local courts, judges, and procedures, which can significantly affect your defense approach. Local lawyers cultivate relationships within the judicial system and understand typical plea offers, trial tendencies, and policies that might not be apparent to out-of-town attorneys.

They can offer insights into common local issues such as traffic patterns and enforcement practices, and know how these elements can influence your case. Familiarity with the local culture and dynamics can be advantageous in tailoring your defense, negotiating pleas, and achieving the best possible outcome in your situation.

A knowledgeable Bronx DWI lawyer will fight for the best possible outcome. Call (646) 759-9233 or contact us online today for a legal consultation.