New York Criminal Defense Lawyer
DWI / DUI
Brooklyn DWI Attorney
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Those who have been charged with the criminal offense of driving while intoxicated (DWI) or driving under the influence (DUI) of drugs or alcohol can face heavy penalties that can forever alter their life. New York state typically refers to this offense as DWI. Other drivers can be substantially impacted by the drunk driver if an accident were to take place, which is why it is important to retain the legal assistance of our firm. The New York Department of Motor Vehicles explains the severe penalties that an individual can face if they are convicted of driving under the influence of drugs or alcohol.
Need a lawyer for your DUI case in Brooklyn? If you have been charged with either offense, it is essential to retain the legal assistance of a Brooklyn DWI lawyer from our firm.
If you have been cited for driving while under the influence, it is essential to remember that this is not a simple traffic offense that can be handled by a small fine and traffic court. A DWI is a criminal charge that can result in jail and court. If you have a blood alcohol content (BAC) level of .08% or higher or demonstrate evidence of obvious intoxication, you can face criminal charges. Penalties for this offense are very severe because they are designed to encourage drivers to never drive while intoxicated ever again. After the first offense, the penalties substantially increase.
Penalties for DWI in New York
For a first offense, it is charged as a misdemeanor with a fine of up to $1,000. It may also include a year in jail and a six-month license revocation. Penalties for a subsequent DWI offense are even more if the offense has taken place within five years of the original charge.
Other aggravating factors include:
- Minors in the vehicle
What Is the Difference Between a DWI and DUI in New York?
The main difference between a DUI and DWI in New York is that DWI stands for Driving While Intoxicated, while DUI stands for Driving under the Influence. In New York, there are no differences between the two legally.
Breath & Blood Tests in New York
When suspected for driving under the influence, you may be required to perform a chemical test. Chemical tests could include a breath test, blood test or urine test. New York has an implied consent law which requires drivers to perform this test if arrested for a DUI. These tests are not fully accurate or reliable; however, and you can build a defense against the results. With the help of an experienced attorney, you may be able to avoid a DUI conviction and the potential penalties involved.
Some of the defenses to breath and blood tests include:
- Inaccurate administration of the chemical test
- Consumption of food or medication that tamper results
- The absorption phase altering the accuracy of results
- Faulty testing instruments
- Calibration error
- Non-qualified person performing the test
- The chain of custody not being proven
Breathalyzers are not fully accurate and the time in which you perform the test can affect the results. It takes anywhere from 45 minutes to three hours for alcohol to be absorbed in the body. This means that if you have a drink right before getting behind the wheel, you may not be impaired at the time that you were driving. While waiting to perform a test; however, your Blood Alcohol Content (BAC) could rise and show an inaccurate record of your BAC when driving. It would take investigation of your case to determine the best possible defense.
Our skilled Brooklyn DWI attorneys can look into the specific test administered, your unique medical history, the time elapsed between driving and the test and the procedures of your test and then build a defense accordingly. Contact The Law Offices of Michael Mullen to discuss your breath, blood or urine test. We offer a free initial consultation so do not wait, get started in building your defense today!
How to Get a DWI Dismissed in NY
One way to attempt to get a DWI charge dismissed in New York is to challenge the legality of the police officer's actions in court. This includes challenging the validity of the officer's initial stop, the results of any field sobriety tests or breathalyzer tests, and the officer's conduct while administering the tests.
Additionally, if the prosecutor cannot prove beyond a reasonable doubt that the driver was impaired, the DWI charge may be dismissed. It is also possible to negotiate a plea bargain with the prosecutor to have a DWI charge reduced to a lesser charge if the evidence is weak or the facts of the case are favorable.
Finally, in certain cases, a defendant may be able to take advantage of a pretrial diversion program in which the case is dismissed if the defendant successfully completes certain conditions.
Hire Our Brooklyn DWI Lawyer for Experienced Defense
If you have been charged with a DWI in the state of New York, it is important to contact our firm at your earliest convenience. You need the best DUI lawyer in Brooklyn by your side. We have extensive DWI / DUI trial experience with charges ranging from felonies to misdemeanors.
Our founding Brooklyn DWI attorney even participated in the Nassau County Police Department Standardized Field Sobriety Testing (SFSTs) training. Call The Law Offices of Michael Mullen today!
Contact The Law Offices of Michael Mullen to speak with our Brooklyn DWI lawyer about your case.
“I hired Mr. Mullen to defend me against false assault charges. After hiring Mr. Mullen, he was able to get all the charges dismissed!” - Thomas
“I thought you were particularly astute, well prepared, and intelligent.” - The Honorable Edward J. McLaughlin
“I have witnessed him in action firsthand. He is the real deal. The jury loved him even as he was tearing apart the prosecution's witnesses on cross-examination.” - Reginald Sharpe, Esq