DWI/DUI Defense Trustworthy Guidance From Start to Finish

Brooklyn DWI/DUI Defense Lawyer

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 me now to set up your free consultation and learn more.

DWI Laws & 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 Are the Differences 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.

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.

I've Been Arrested for Drunk Driving. What Happens Now?

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.

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!

Frequently Asked Questions

  • What are the Differences between DUI and DWI?

    In several states, DUI and DWI charges are exactly the same and can easily be used interchangeable 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 (1) the incident needs to be a first offense, (2) the defendant needs to show remorse for his or her actions and (3) 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.

  • I See a Checkpoint and I've Been Drinking, What Do I Do?

    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 will even make a sober person extremely nervous. When it comes to handling these cases on your own, there are many people that would just prefer to get pass 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 pay 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.

  • I've Been Arrested for Drunk Driving, What Happens Now?

    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 in order to effectively fight for your rights.

Get to Know Me

See What Sets Me Apart
  • Integrity

    With each individual case that I handle, integrity is the top priority. I stand by my work and my reputation. Some lawyers give other lawyers a bad reputation, but that is not what my clients find when they hire me.

  • Availability

    I understand how important it is to make myself available to my clients 24/7. My clients have direct access to me and I respond quickly to them (usually within an hour).

  • Results

    My results speak for themselves. My main goal is to provide quality representation for even the most challenging cases and walk away victorious each time. Each client that has had me standing by their side in the courtroom has been able to experience quality results and make positive changes in their life.

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