Brooklyn DWI Lawyer

Defending Those Charged With Drinking & Driving in New York

Have you recently been charged with a DWI or DUI in NYC? I’m Tony Mirvis, and I’ve worked as a Brooklyn DWI 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 there to help you from start to finish because I can fight these charges in any courtroom throughout the state. I will guide you through the entire process to prevent further costs, fees, and consequences from occurring because of your actions.

Are you facing a DWI or DUI charge in New York? Call The Mirvis Law Firm, P.C. today at (718) 550-6773 or contact us online to schedule a meeting with our DWI attorney in Brooklyn!

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). Remember that both VTL §1192(2) and (3) are unclassified misdemeanor charges specifically designed to leave someone with a permanent criminal record.

The details are as follows:

• VTL §1192(1) is a traffic violation with 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 you 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 equal to or in excess of .08%.
• VTL §1192(3) relates to a person operating a motor vehicle while their ability to do so is substantially impaired by alcohol.

What are the Penalties for a DWI in New York?

The penalties for a DWI (Driving While Intoxicated) in New York may vary depending on the specific circumstances of the offense, such as the driver's blood alcohol concentration (BAC) level and prior convictions. Here are general guidelines for DWI penalties in New York:

• DWAI (Driving While Ability Impaired) refers to driving with a BAC between 0.05% and 0.07% or other evidence of impairment. Penalties for a first offense can include a fine of $300-$500, up to 15 days in jail, a 90-day license suspension, and a possible requirement to attend a Drinking Driver Program.
• DWI (Driving While Intoxicated) refers to driving with a BAC of 0.08% or higher or showing other signs of impairment. Penalties for a first offense can include a $500-$1,000 fine, up to 1 year in jail, a 6-month license revocation, and participation in a Drinking Driver Program.
• Aggravated DWI applies when a driver's BAC is 0.18% or higher. Penalties for a first offense can include a fine of $1,000-$2,500, up to 1 year in jail, a 1-year license revocation, and mandatory installation of an ignition interlock device.

It's important to note that these penalties can become more severe for repeat offenders or in cases involving accidents, injuries, or fatalities.

What is the Difference Between DUI & DWI?

In several states, DUI and DWI charges are the same and can easily be used interchangeably within the courtroom. However, several states 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, specific conditions must be met. This includes:

• The incident needs to be the first offense,
• The defendant needs to show remorse for his or her actions
• The blood alcohol content level did not drastically exceed the required limit
• A DUI usually signifies a much lesser degree of intoxication determined specifically by a person's blood alcohol content level at the time of the arrest. In some cases, some states 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 three 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 looking 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 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 being unable to keep their balance or not following the instructions properly.

What is New York’s Implied Consent Law?

In New York, when you are driving a car, you have given your "implied consent" to a breath or chemical test if you are pulled over for a suspected DWI. You have the right to refuse these, which will lead to an automatic license suspension.

What Should I Do if I've Been Drinking and See a Checkpoint?

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 where 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 handling these situations alone, many prefer to get past these moments as soon as possible. This is why many DUI and DWI cases do not go to jury trial—because the alleged criminals are quick to plead guilty and suffer the consequences. However, it is important to remember that many key reasons exist 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 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 DWI?

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

Remember that you only have a short period from the arrest date to successfully fight 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 arrest. The refusal hearing will be scheduled and hosted at the Department of Motor Vehicles within less than 15 days.

To work through these obstacles, it is essential to have an experienced Brooklyn DWI attorney who is skilled and experienced to fight for your rights effectively.

What are the Benefits of Hiring a Brooklyn DWI Lawyer?

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

The following are several benefits to hiring a Brooklyn DWI lawyer 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.

Contact Our Brooklyn DWI Attorney Today

If you are facing a DWI or DUI charge in New York, having the support and guidance of a skilled and experienced Brooklyn DUI lawyer is crucial. At The Mirvis Law Firm, P.C., we have over 15 years of experience defending individuals charged with drinking and driving offenses. We understand the seriousness of these charges and their potential consequences on your life. With our expertise, we will fight tirelessly to protect your rights, license, and criminal record. Whether you are dealing with a DWI, DUI, or related charge, we will be there for you every step, ensuring that you understand the process and working diligently to minimize the costs and consequences you may face.

Contact The Mirvis Law Firm, P.C. today to schedule a FREE consultation with our DWI lawyer in Brooklyn!