Charged with a DWI in the Saratoga, Albany, Troy, Schenectady or the surrounding Upstate NY area?
Driving While Intoxicated
Operating a car, truck, motorcycle, boat, jet ski or any other mode of transportation while under the influence of drugs or alcohol violates New York law. Even if you only had a few drinks after work, you could face serious penalties if you are pulled over and charged with a DWI.
If you have been charged with DWI, it is imperative that you choose an attorney that can handle your case from the onset of the charges to a trial. Being charged with a DWI can be overwhelming. You need a criminal practitioner that has the expertise to guide you through this process and advise you along the way. As your Saratoga DWI attorney, Andrew will gather all the material information and give you an honest assessment of your case, so that you can make a sound decision on how to proceed forward.
The Law Office of Andrew DeLuca will investigate the manner in which your arrest was handled and aggressively defend against your drunk driving charge.
Understanding DUI/DWI in New York
There is no legal difference between the two terms in New York State since there are no references in the NY law to DUI (driving under the influence). Therefore most criminal attorneys will refer to drunk driving cases as DWI (driving while intoxicated).
The types of drunk driving charges in New York State include:
DWI: BAC of .08 or more; .04 BAC or above for commercial drivers
Aggravated DWI: BAC of .18 or more
Driving while ability impaired (DWAI) by alcohol: .05 BAC or more but less than .07 BAC
DWAI: a single or combination of drugs (other than alcohol)
Chemical Test Refusal: Refusal of breath, blood or urine test
Zero Tolerance Law: .02 – .07 BAC for drivers under the age of 21
A first time DWI will be charged as a misdemeanor, but that doesn’t mean that the consequences are minor. The charges upon conviction may include up to one year in jail, fines up to $1,000 and a minimum 6 month license suspension.
Class E Felony DWI Charge in New York
A Felony DWI Charge is very serious as New York state is aggressive when it comes DWIs and DWAIs. If you are charged with a Felony DWI in New York you may face much more than just a loss of driving privileges and fines. A DWI felony conviction in NY can result in license revocation and even a prison sentence. DWI becomes a Class E Felony DWI when there is a prior DWI charge or conviction within the last 10 years.
Class D DWI Felony Charge in New York
The charges become even more grave when you have been charged or convicted of a DWI, DWAI, Vehicular Assault or Manslaughter twice within in the last 10 years. In that case you could face up to 7 years in prison with heavy fines and restrictions on having a driving license in the future.
Don’t Face DWI Charges Alone
As you can see, DWI and DWAI charges are not to be taken lightly and it’s prudent to hire a criminal defense lawyer to handle your case.
Aggressively Fighting Drunk Driving Charges
The Law Office of Andrew DeLuca will investigate every aspect of your case, including whether or not the officer had legal grounds to pull you over. Don’t face a DWI charge without a skilled and experienced criminal defense lawyer.
Call Mr. DeLuca today at 518-245-9109 to discuss your case for free.
We welcome clients from Albany, Troy, Schenectady, Saratoga County, Glens Falls, Fulton County, Montgomery County and nearby areas in NY.