Staten Island
DWI Lawyer
Experienced DWI Attorney in Staten Island
Drivers who operate their vehicles under the influence of alcohol, drugs, or a combination thereof can be charged with various offenses under state law, each of which carries its own set of mandatory minimum penalties. A conviction can lead to jail time, exorbitant fines, loss of driver’s license, skyrocketing insurance rates, and other consequences that can impact your life for years to come.
If you are arrested for a DWI, review the following information, then contact the Staten Island DWI lawyers at the Law Offices of Robert Tsigler to get started on your defense strategy. We understand how overwhelming a Staten Island DWI charge can be. You can trust our expertise and experience to ensure you have the best option after an arrest.
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DWI Offenses and Penalties for Conviction
In New York, drivers can be charged with any of the offenses below:
- DWI (driving while intoxicated) applies to drivers who operate a vehicle with a BAC of 0.08% or over or while impaired to a “substantial extent.” In addition, the legal limit is lowered to 0.04% for commercial drivers.
- Alcohol DWAI (driving while ability impaired) applies to drivers who operate vehicles when their ability to drive in a “reasonable and prudent” manner is impaired to any extent by alcohol. Authorities often charge drivers with alcohol DWAIs if their BAC is below 0.07% but higher than 0.05%.
- Drug DWAI applies to drivers who operate a vehicle when they cannot drive in a “reasonable and prudent” manner due to drug consumption. First, second, and third offense drug DWAIs carry the same penalties as DWI offenses.
- Combination DWAI applies to drivers who operate a vehicle while impaired due to a combination of alcohol and drugs in a way that prevents them from driving like a “reasonable and prudent” person. First, second, and third offense combination DWAIs carry the same penalties as DWI and drug DWAI offenses.
- Aggravated DWI can be charged when drivers operate a vehicle with a BAC of 0.18% or higher or drive with a passenger aged 15 years or younger while impaired by alcohol.
- Zero-tolerance law violations occur when drivers under 21 years old operate a vehicle with a BAC between 0.02% and 0.07%.
- Chemical test refusal violates New York’s implied consent law mandating that any driver suspected of driving while intoxicated must submit to a chemical BAC test.
The penalties for these offenses will range based on a few factors, including the severity of intoxication, whether it’s your first or a subsequent offense, and other mitigating factors. Call our office to learn more about the specific penalties concerning your case.
If you have been charged with DWI/DUI, contact an aggressive Staten Island criminal defense attorney at 718-878-3781. Begin your case with a consultation!
FAQs About Staten Island, NY DWI/DUI Law
What’s the Difference Between a DWI and a DWAI?
Drivers can be charged with a DWI in New York for driving with a BAC of 0.08% or over, but they can also be charged if their BAC is under the legal limit and they are impaired to any extent by alcohol or drugs. An alcohol DWAI is charged for alcohol impairment, and a drug DWAI is charged for impairment from drug use. DWAI charges are typically less serious than DWI charges unless you face a combination DWAI charge for impairment due to consuming drugs and alcohol or you injured someone in a car accident.
Can You Fight a DWI Without an Attorney?
Fighting a DWI without an attorney leaves you vulnerable to making any serious mistakes in your case that affect the outcome, including overlooking critical weaknesses in the prosecution’s case against you. A DWI attorney in Staten Island can help you obtain lowered charges, reduced penalties, or even have your charges dismissed entirely.
What Are Common Defenses Against DWI Charges?
Every case is different, so defense strategies must be carefully tailored to the precise circumstances of the arrest and the charges filed against you. However, common defenses often include one of the following elements:
- You were not operating your vehicle when you were detained.
- The arresting officer did not have reasonable suspicion to conduct a traffic stop.
- The officer performed an unlawful arrest without probable cause.
- Law enforcement authorities violated your rights or did not follow proper protocol during your detainment, arrest, booking, or chemical BAC testing.
- Your BAC test results were inaccurately high due to rising blood alcohol levels between the time of your arrest and the time the test was performed.
Can a DWI Be Expunged From My Record?
DWI charges cannot be expunged from a criminal record in New York unless you were acquitted of the crime or the judge dismissed your case. However, a law passed in 2017 does allow you to seal up to two convictions for DWI or related offenses after 10 years, regardless of whether they were charged as misdemeanors or felonies. This means the general public cannot view these charges, but they are still accessible to certain government agencies. A DUI attorney in Staten Island, NY, can help you apply to seal your record.
Contact Our Staten Island DWI Defense Attorneys Today
Prosecutors aggressively pursue convictions for defendants suspected of impaired driving charges, and you need a Staten Island DWI lawyer who is prepared to defend your case just as aggressively. At the Law Offices of Robert Tsigler, our attorneys are committed to providing comprehensive representation from the very beginning of your case to protect your rights, preserve your interests, and determine the best course of action for your future. We consider our clients our number one priority and have a strong track record of successful plea agreements and winning trial verdicts. Contact us today to obtain a favorable outcome in your case.
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Getting representation as soon as possible following any DWI or DUI-related charge is the best way to promote a positive result from a subsequent trial. These charges are considered very serious and can result in expensive fines, the loss of driving privileges or professional licenses, and even incarceration. Only an experienced Staten Island DWI lawyer can successfully defend your case.
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