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WHY ARE PENALTIES FOR DRINKING AND DRIVING SO STRICT IN New York State? According to the New York DMV, Drinking and driving is a hazardous combination. One third of the fatalities in New York State involve impaired or intoxicated drivers and pedestrians. With increased Blood Alcohol Content (BAC), crash risk increases sharply. A driver with a BAC of 0.08 is four times more likely to cause a crash as a driver who has not been drinking, while a driver with a BAC of 0.16 is 25 times more likely to do so.  Young drinking drivers are at the highest risk of all. Drivers 20 years old or younger are almost three times more likely to be involved in alcohol related fatal crashes than other drivers in New York. 

You will often hear the terms "mitigating or aggravating factors."  A mitigating factor is one that lessons the severity of the accusation.  In the realm of dwi defense, a mitigating factor would be, first offense, low BAC blow, no accident.  An aggravating factor could be, a high blood alcohol content reading, an accident, children in the car, drugs in the car, under the influence of drugs also, injury or death related accident, prior convictions, etc.

New York Laws are very very tough on drunk driving.  Recently both the Rockland County DA's office and the Westchester County DA and the Orange County DA have cracked down on drunk driving.  A conviction for driving while under the influence in New York could cause you suspension - revocation, imprisonment - jail time, fines and surcharges and even a ignition device which you must blow into before you can start your car. If you are issued a summons for DWI - DUI, DWAI driving while ability impaired, it is important that you keep your mouth shut and not tell the officer who much you had to drink.  You do not need to talk the officer at all after being pulled over, other than to give him identifying information about yourself, such as the information printed on your driver license. Any driver convicted of misdemeanor or felony drunk driving charges in New York State -- even first time offenders -- are required to install and maintain ignition interlock devices at their own expense on any vehicles they own or operate for a minimum of six months. For an Aggravated-DWI offense or any repeat alcohol or drug offense within five years, a judge in New York is required to order the system installed on each vehicle owned or operated by the motorist during both the revocation period and any probation period that follows. The judge also must order an alcohol assessment for the repeat offender.

HOW WE CAN HELP YOU IN RAMAPO TOWN COURT, WOODBURY TOWN COURT, TUXEDO TOWN COURT, WALLKILL TOWN COURT, GOSHEN, CLARKSTOWN, ORANGETOWN, STONY POINT, HAVERSTRAW, WHITE PLAINS, GREENBURGH, YONKERS AND ALL OVER THE NEW YORK STATE AREA TO AVOID A DWI CONVICTION WHICH COULD HAVE A VERY SERIOUS IMPACT ON YOUR LIFE.

NEW YORK LAWS HAVE MADE IT EVEN TOUGHER FOR DWI DEFENDANTS:

In New York State a DWI can be charged by the police if you are caught operating a vehicle with a  blood alcohol content of .08 - which, depending on your weight, that could be as little as 3 drinks in an hour.

Recently, NY State came out with a new charge: If your breathalyzer reading  is over .18, than the police will charge you with aggravated DWI which carries much more stringent penalties and jail time such as a year in jail.

If you are asked by the cop to take a  breathalyzer or blood test or chemical test and you refuse, then you could be in big trouble.  You have no right to refuse to take a breathalyzer or blood test or chemical test in New York, in fact, it is a condition of every NY license, that you consent to blow into the breathalyzer if asked to do so or submit your blood or urine for testing (usually they take blood if not breath).  If you refuse to blow into the breathalyzer or give your blood, your license will be suspended until a final determination can be made a DMV hearing office (we can help you with that too.

If you are unlucky enough to get arrested for a second DWI within 10 years of receiving the first one, the second DWI will be charged by police as a FELONY- which could carry 4 years in state prison.

We have represented all sorts of drivers who have arrested for drunk driving all over the state of New York.