Brooklyn DUI Attorney

Defending the Rights of New Yorkers Accused of Drinking & Driving

Have you recently been charged with a DWI or DUI in NYC? I’m Tony Mirvis and I’ve worked as a Brooklyn DWI/DUI defense attorney at The Mirvis Law Firm, P.C. for over 15 years. Driving while intoxicated and/or under the influence of drugs (both legal and illegal) is a serious offense, but it doesn’t have to ruin your life. There are ways to protect both your license and criminal record with the right lawyer on your side.

At The Mirvis Law Firm, P.C., I have been able to accumulate well over a decade of experience and insight when it comes to successfully defending people that have been charged with all types of DWI/DUI cases—including drunk driving/drinking and driving as well as driving while under the influence of illegal drugs and substances.

If you have recently been arrested for a DUI in New York, I will be right there to help you from start to finish because I am able to fight these charges within any courtroom throughout the entire state. I will guide you through the entire process in order to prevent any further costs, fees, and consequences from occurring because of your actions.

Contact a Brooklyn DUI lawyer now at (718) 550-6773 to set up your free consultation and learn more.

Types of DWI Charges in New York

People that are accused of DWI charges in New York are usually indicted with the violation of three separate acts: New York Vehicle & Traffic Law §§1192(1), (2), and (3). Keep in mind that both VTL §1192(2) and (3) are unclassified misdemeanor charges which are specifically designed to leave someone with a permanent criminal record.

The details are as follows:

• VTL §1192(1) is a traffic violation but also comes with its own grave penalties. This includes paying double premiums on your automobile insurance for up to ten years, prohibiting your entry to Canada for up to five years, and disallowing to rent an automobile for up to three years.
• VTL §1192(2) charges people with a DWI (driving while intoxicated) violation simply for operating a motor vehicle with a blood alcohol content level that is equal to or in excess of .08%.
• VTL §1192(3) relates to a person that is operating a motor vehicle while their ability to do so is substantially impaired by alcohol.

What is the Difference Between DUI & DWI?

In several states, DUI and DWI charges are exactly the same and can easily be used interchangeably within the courtroom. However, there are also several states that view these two cases as separate entities, choosing to handle them accordingly. A DWI means "driving while intoxication with alcoholic substances" while a DUI means "driving under the influence" which could refer to the influence of alcohol, drugs, or a combination of the two.

In the case of a reduction from one charge to another, there are specific conditions that must be met. This includes:

• The incident needs to be the first offense,
• The defendant needs to show remorse for his or her actions, and
• The blood alcohol content level did not drastically exceed the required limit.

A DUI usually signifies a much lesser degree of intoxication which is determined specifically by a person's blood alcohol content level at the time of the arrest. In some cases, there are states that will allow the charges of a DWI to be drastically reduced with the expert assistance of a qualified defense attorney.

Field Sobriety Tests

The Standardized Field Sobriety Test (SFST) is made of up 3 tests:

• Horizontal Gaze Nystagmus (HGN) test - the officer will move a pen or small object back and forth and observe in front of the person's eyes while look for signs of intoxication.
• Walk-and-turn test - the officer instructs the person to walk in a straight line for about nine steps and then return back
• One-leg stand test - the officer has the person stand with one foot off the ground and hold it for until told to put it down.

The purpose of administering these tests is to help the officer determine if the person has been operating a vehicle under the influence of drugs or alcohol. The officer is looking for indicators that the person is intoxicated, such as not being able to keep their balance or not following the instructions properly.

What is New York’s Implied Consent Law?

In the state of New York, when you are driving a car you have given your "implied consent" to a breathe or chemical test if you are pulled over for a suspected DUI. You do have the right to refuse these but this will lead to an automatic license suspension

I See a Checkpoint & I've Been Drinking!

Let's say, for example, that you are stopped at a drunk driving checkpoint on the way home from an office party or local restaurant in which you had a few more drinks than you would like to admit. On the other hand, let's say that you were recently involved in a major automobile accident that resulted in a DUI/DWI investigation. This type of event would even make a sober person extremely nervous.

When it comes to handling these situations on your own, there are many people that would just prefer to get past these moments as soon as possible. This is why there are many DUI and DWI cases that do not go to jury trial—because the alleged criminals are quick to plead guilty and suffer the consequences. However, it is important to keep in mind that there are many key reasons to use a legal team to fight the case in court.

A major misconception is that a DUI/DWI arrest will automatically lead to a conviction. Contrary to popular opinion, this is simply not true whatsoever. It is very possible to fight against and win a DUI or DWI case as long as you have enlisted the expert guidance of a licensed attorney.

What to Do After Being Arrested for DUI?

If you have been arrested for a DWI in New York, then you are more than likely wondering what happens next. What will happen to your vehicle, your driver's license, your job, and (more importantly) your permanent criminal record?

Keep in mind that you only have a short period of time from the arrest date to successfully fight in order to retain your driver's license at the scheduled administrative license hearing. Otherwise, your license could automatically become suspended. It can even be revoked completely during the arraignment process if you refuse to take the required breath analyzer test during the actual arrest. The refusal hearing will be scheduled and hosted at the Department of Motor Vehicles within less than 15 days.

In order to work your way through these obstacles, it is essential to have an experienced DWI and DUI defense attorney that is skilled and experienced to effectively fight for your rights.

Benefits of Hiring a Brooklyn DUI Lawyer

For many people, getting arrested for a DUI is the first time they have ever faced the criminal justice system. You may not be aware of all your legal rights and options, as well as the pitfalls of the legal process. That is why you should hire an experienced DUI defense attorney to protect your rights and freedom, as well as obtain a favorable result in court on your behalf.

The following are several benefits to hiring a Brooklyn DUI attorney immediately after your arrest:

• Investigate your arrest, analyze evidence, and determine if law enforcement officials violated your rights or find any weaknesses in the prosecution’s case
• Maintain your driver’s license or gain a restricted license for limited driving privileges
• Help you get your entire case dismissed or obtain a lighter sentence to avoid serving any jail time
• Provide legal support and peace of mind

Do not hesitate to let The Mirvis Law Firm, P.C. defend you inside and outside the courtroom. I am committed to helping you through this trying time and getting your life back on track.

To discuss your options, call (718) 550-6773 or fill out the firm’s online contact form to get in touch. I’m available 24/7, so don’t hesitate to reach out to an experienced DUI attorney in Brooklyn!