It is important that you speak with our dedicated DWI Attorneys as soon as you can. Our legal team will want to begin working on your case right away ─ even before you are charged ─ to fight these accusations at every point in the process.

DWI Defense Attorneys

Arrested for Driving While Intoxicated in the Hudson Valley? Call our New York DWI Lawyers for legal advice.

Being convicted of driving while intoxicated is more than humiliating. It can have devastating effects on your personal and professional life, resulting in heavy fines, license suspension and/or revocation, community service, years of probation and even jail time. Not to mention the fact that you may be ordered to use an ignition interlock device to operate your vehicle again.

If you have been charged in New York with a DWI, the penalties that you’re facing are significant. If you are convicted of a DWI, you are facing heavy fines and surcharges, a license revocation for a minimum of 6 months, mandatory attendance at several classes and court-ordered installation and maintenance of an Ignition Interlock Device in your car for one year.

Additionally, due to recent changes in New York Law, those who find themselves convicted of their third (or more) alcohol/drug-related driving offense face a loss of their driver’s license for ten years or more, and potentially forever.

Furthermore, DWI charges will start to affect you long before the case is over – The New York Vehicle and Traffic Law requires the Judge to suspend your driver’s license at your first court date (referred to as the “prompt suspension law” or “suspension pending prosecution”, provided that the Court has the proper paperwork on file.

Don’t try to confront a DWI charge without a skilled attorney by your side. As a former Senior Assistant Public Defender for Dutchess County, John Ventosa saw far too many people accused of DWI crimes suffer severe penalties and sentences. Now, as a dedicated New York DWI defense attorney, John develops strategies defend those charged with DWI.

If you are facing a DWI charge in New York, schedule a free consultation with McCabe Coleman Ventosa & Patterson PLLC today.

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Our DWI Defense Team

Common Types of DWI Cases

In New York, a driver with a blood alcohol content (BAC) of 0.08 percent or greater is considered to be driving while intoxicated. However, there are many reasons why DWI charges may get thrown out or reduced. Our experienced Hudson Valley DWI lawyers will mount a strong defense for drivers who are facing accusations of:

  • Alcohol- or drug-related DWI with BAC greater than 0.08.
  • Alcohol- or drug-related DWI with BAC of 0.18 percent or greater (Aggravated DWI)
  • Felony DWI charges, including those based on a passenger being 15 or younger (Leandra’s Law)
  • Driving or riding with an open container
  • Driving with a DWI suspension
  • Refusing a Breathalyzer or other chemical test
  • Underage DWI

It is important that you speak with our dedicated Hudson Valley DWI attorney as soon as you can. Our legal team will want to begin working on your case right away ─ even before you are charged ─ to fight these accusations at every point in the process.

New York First Time DWAI and DWI Penalties

In the state of New York, a driving while ability impaired by alcohol (DWAI) and driving while intoxicated are treated as different crimes. A DWAI occurs when a person’s driving is impaired by alcohol, but their blood-alcohol content is below .08 percent. A DUI occurs when a person’s driving is impaired by alcohol and the blood-alcohol content is .08 or above.

While a DWAI is a less serious offense than a DUI, it can still have serious implications, expensive fines, and jail time tied to it.

First DWAI offense in New York

  • A fine ranging from $300 to $500
  • Jail sentence of up to 15 days
  • 90-day driver’s license suspension

If a person is caught driving with a blood-alcohol level of .08 or greater, but less than .18 percent, they will be charged with a DWI.

First DWI charge in New York:

  • A fine of $500 to $1,000
  • Up to a year in jail
  • 3 years’ probation
  • Six-month license revocation minimum

A second DWI within 10 years is a felony and has even more serious penalties:

  • Fines of $1,000 to $2,500
  • Local jail time or a state prison sentence of up to 1 1/3 years – 4 years
  • One-year driver’s license revocation minimum
  • Installation of an ignition interlock device
  • Five years’ probation

A third DWI within ten years is a class D felony and has the following penalties:

  • Fines ranging from $2,000 to $10,000
  • Local jail time
  • State prison sentence of 2 1/3 years – 7 years
  • 18-month driver’s license revocation minimum with the possibility of permanent revocation
  • Installation of an ignition interlock device
  • Five years’ probation

New York Penalties for Aggravated DWI

If a driver is pulled over with a blood-alcohol level of 0.18 or higher, they will be charged with an aggravated DWI. An Aggravated DWI has many of the same penalties as a non-aggravated DWI, however the difference is the duration of driver’s license revocations and fine amounts.

A first-time aggravated DWI in New York can result in a person’s license being revoked for a minimum of one year. For both a second and third offense, the person faces having their license revoked for even longer. If the third offense occurs within 10 years of the other offenses, the person risks losing their license for at least five years and potentially for life.

Criminal Defense Practice Areas

DUI, DWI & DWAI

Learn more about our DWI Lawyers who will provide you with sound legal advice.

GRAND LARCENY AND THEFT

If you or someone you love has been charged with Larceny, call and speak with one of our criminal defense attorneys.

SPEEDING & TRAFFIC TICKETS

No matter what traffic violation you have received, you absolutely have the right to a full and fair hearing under the law.

Domestic Violence Lawyer

DOMESTIC VIOLENCE

Every individual has the right to defend themselves against criminal accusations. Domestic violence claims are no exception.

Drug Crimes Defense Lawyer

DRUG CRIMES

Learn more about our Drug Crime  Lawyers who will provide you with sound legal advice.

SEX CRIMES

Any criminal accusations, especially a sex offense, can have a serious impact on your personal and professional life.

With decades of experience handling local, state, and federal criminal defense cases, our Criminal Defense attorneys are dedicated to protecting your rights and getting the results you need to get on with your life.

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