DWI DEFENSE YOU CAN COUNT ON FROM AN EXPERIENCED BUFFALO DWI ATTORNEY
Driving while intoxicated (DWI) is a serious crime. If you get arrested for DWI, you face the possibility of serious penalities like jail time, fines, a license suspension, and a permanent criminal record if convicted. At the Buffalo Law Office of Drew Fritsch P.C, we not only understand New York's DWI laws, but what it can mean if you end up getting convicted. As a Buffalo DWI Attorney, we fight to assert all the DWI legal defenses available.
TYPES OF DWI OFFENSES
Not all driving while intoxicated situations are the same. New York DWI law has different classifications for impaired driving. Some of the classifications are as follows:
- DWI: A driver is considered to be driving while intoxicated if the driver:
- Is 21 years of age or older and has a blood alcohol concentration (BAC) of 0.08% or higher.
- Is less than 21 years of age and has a BAC of 0.02% or higher.
- Is operating a commercial vehicle and has a BAC of 0.04% or higher.
- Aggravated DWI: A driver has a BAC of 0.18% or higher, or was driving while intoxicated with a passenger 15 years of age or younger (Leandra's Law).
- Driving While Ability Impaired (DWAI): The driver has a blood alcohol concentration (BAC) of between 0.05% and 0.07%
Remember that you can still be committing the crime of DWI even if your driving is impaired by drugs instead of alcohol.
To obtain a DWI conviction, the state must prove you operated a motor vehicle while intoxicated. This is usually done by testing your BAC by taking a sample of your blood, urine, breath or saliva. However, you can still be convicted of DWI even if you never submit to a chemical test that measures your BAC. This is because the police officer's observations during the stop, as well as your field sobriety test performance, can serve as evidence.
Regarding your right to refuse to submit to testing, there are two things to keep in mind. First, you do not have to agree to submit to a field sobriety test or a chemical test that measures your BAC. However, refusing to take a chemical test will automatically impose severe civil penalties.
POTENTIAL BUFFALO DWI PENALTIES
The severity of your punishment will depend on several factors, such as your age, anyone else that was in the vehicle, the type of vehicle you were operating, the substance that made you intoxicated, whether this is your first DWI offense and whether you agreed to submit to a chemical test. There are also two types of penalties you can face, criminal and civil. Criminal penalties can include:
- Fines: Between $300 and $5,000
- Jail time: Between 15 days and 4 years
- License suspension: Between 90 days and 18 months
If you refuse to submit to a chemical test, you will have your driver's license suspended for a minimum of one year and have to pay up to a $750 civil fine, even if you are not criminally convicted of DWI. This is because New York has an implied consent law. This law means you can be civilly punished for refusing to submit to a chemical test even though you are not criminally found guilty of DWI.
HOW TO BEAT A DWI CHARGE
So you were arrested for DWI and are as good as convicted, right? Not so. There are many ways for an experienced DWI Attorney to undermine the evidence that “proves” you operated a motor vehicle while intoxicated.
Police officer's observations can be unreliable, BAC test machines can malfunction, BAC results can be misinterpreted and a police officer may have violated your constitutional rights when he or she pulled you over or arrested you.
DEDICATED BUFFALO DWI ATTORNEY
If you're located in Buffalo, and facing a DWI charge, you don't want just any attorney. You want an experienced Buffalo DWI Attorney who understands the prosecution process and can get you through it. You need a criminal defense attorney like Drew Fritsch who knows the ins and outs of a DWI criminal case.
Contact us today for a free consultation with a dedicated Buffalo DWI attorney.