Every state enforces different laws pertaining to driving under the influence (DUI), referred to as driving while intoxicated (DWI), in New York and other states. The state’s DWI laws are quite strict, defining several types of DWI charges and recommending different penalties for each type of offense. If you or a loved one was recently arrested for DWI in the Bronx, a DWI defense attorney is the best asset to have on your side.
The Vitaliano Law Firm has years of experience handling a wide range of criminal cases, including many DWI cases in which we have helped our clients out of seemingly hopeless situations. As long as you know your rights and the value of criminal defense representation, you have the best chance of avoiding conviction or at least minimizing your penalties.
The state law assigns severe penalties for any driver who operates a vehicle while intoxicated by drugs or alcohol. The state uses the blood-alcohol concentration system to assess whether a driver is drunk, and any BAC over .08% will lead to a DWI charge. The legal limit is only .04% for commercial truck drivers, and there is a zero-tolerance policy in effect for drivers under the age of 21. Any detectable amount of alcohol on an under-21 driver’s breath will lead to a DWI charge.
Penalties for DWI in the Bronx, NY fluctuate based on the defendant’s level of intoxication, whether they consumed alcohol, drugs, or both, and whether they injured or killed anyone while driving under the influence. These aggravating factors can lead to an automatic increase in the defendant’s penalties if they are convicted. Drivers who have prior DWIs also face increased penalties. If a driver hurts or kills anyone while driving under the influence, they are very likely to face a civil claim from the victim or their family as well.
Every American citizen has the right to defense representation when they are accused of a crime, and the court can provide a public defender free of charge to any defendant unable or unwilling to pay for private defense representation. If you are able to do so, hiring an experienced Bronx DWI defense lawyer can offer a more robust level of legal counsel through your case proceedings.
An experienced defense attorney can call the police’s handling of an arrest and/or physical evidence into question, and they can also challenge the validity of the chemical test administered to confirm the defendant’s intoxication level. Ultimately, there are many possible defenses available in a DWI case that may not be immediately noticeable, and the right attorney will be invaluable in helping you take full advantage of them.
When you choose The Vitaliano Law Firm to manage your defense, we will set to work immediately reviewing the police report from your arrest and the details of the charges against you. We will help you identify the mitigating factors that support your defense and may lead to lighter penalties as well as any aggravating factors that complicate your position. Our team can leverage our vast professional experience on your behalf until you reach a suitable outcome to your proceedings. We will seek to have your case dismissed if possible or your charges reduced as much as possible if necessary.
A: A driver’s license suspension almost always follows a conviction for DWI, and the length of the suspension hinges on the severity of the offense. A lesser DWI charge such as DWAI may only result in a 90-day suspension, while conviction of an aggravated DWI can lead to a suspension of one year or longer. Defendants with records of multiple DWI offenses typically face longer suspension periods.
A: A standard DWI conviction can lead to up to one year in county jail. However, most judges are willing to consider leniency when a defendant has not injured or killed anyone and if it is their first offense. For example, if the driver did not cause an accident and was pulled over for suspected DWI that was later confirmed with a chemical test, a judge may not see the need for incarceration. A good defense attorney can also argue on their client’s behalf in an effort to reduce their penalty.
A: The state’s implied consent law means that you must submit to a chemical test for DWI if a police officer has reasonable cause to believe you are driving under the influence. If you refuse to take this test, you will face additional penalties with your DWI charge, and if you are later cleared of the DWI charge and avoid conviction, the penalty for test refusal will remain. You do not, however, need to submit to field sobriety tests as these are often difficult even for sober people, and failing a test could give the officer probable cause for an arrest.
A: It is crucial to take full advantage of your right to legal counsel when you are charged with any criminal offense. Even if you are certain that you did not commit the DWI offense in question, an experienced defense attorney can prepare you for the difficult proceedings ahead of you, allowing you to approach the situation with greater confidence. You are far more likely to reach a positive outcome for your case when you have an experienced Bronx DWI defense attorney handling it.
The Vitaliano Law Firm understands the challenges you face in this difficult situation and wants to provide the support and guidance you need to navigate your case as successfully as possible. The sooner you connect with a Bronx DWI defense attorney you can trust, the better your chances are of reaching a suitable outcome to your impending DWI case. Contact The Vitaliano Law Firm today and schedule a consultation to learn more about the legal services our firm provides in the Bronx.