Queens DWI Lawyer

Queens DWI Lawyer

Queens DWI Attorney

New York enforces very tough laws against intoxicated driving. The term “driving while intoxicated” or “DWI” is used in general to describe all criminal offenses pertaining to driving under the influence of alcohol or drugs. The penalties for a DWI conviction in New York can be severe, and it’s vital for anyone accused of DWI in Queens, NY, to know the value of hiring defense representation they can trust.

The right Queens DWI defense attorney is an invaluable asset if you are facing any kind of DWI charge. You could face not only an expensive fine and loss of your driver’s license but also incarceration and civil liability for any damages you caused to others. These penalties can, in turn, lead to further problems in your life, such as the inability to keep your job due to the loss of your driving privileges, economic strain from fines, court fees, and civil damages paid to others, and a criminal record that can pose problems for your future.

Queens DWI Lawyer

Finding Legal Counsel You Can Trust in Queens, NY

The Vitaliano Law Firm knows how distressing it can be for anyone to face criminal charges. Our Queens, NY, legal team has successfully represented many past clients in the area in a wide range of criminal cases, including those involving DWI offenses. It’s important to not only know the state DWI statutes that apply to your case and the potential penalties that conviction may entail but also the value of defense representation from a trust worthy attorney.

While no criminal defense lawyer can ever promise their client a specific outcome to their case, The Vitaliano Law Firm can ensure full access to the entire scope of our professional resources and experience when you choose our firm to handle your DWI defense in Queens, NY. It is crucial that you take full advantage of your constitutional right to defense representation, even if you have been falsely accused and/or wrongfully arrested.

Whatever your case entails, The Vitaliano Law Firm can provide individualized and responsive defense counsel through all your criminal court proceedings. We aggressively defend our clients’ rights and work quickly to develop the strongest defenses possible on their behalf. We know how stressful and isolating it can be to face criminal charges, especially when you know you did not commit the offense in question. It’s also possible for New York police to make mistakes in the handling of a DWI case. We will carefully examine your situation and help you create a defensive strategy that works.

Understanding Queens, NY, DWI Laws

The term “DWI” is often used in the New York criminal justice system generally to refer to any offense of driving a motor vehicle under the influence of alcohol or drugs. It is possible for a DWI to qualify for a misdemeanor or felony sentencing in New York, depending on the severity of the offense. DWI drivers who cause accidents and injure others are most likely to incur felony charges for these actions.

There are several offenses that fall within the purview of DWI under New York law, each with its own conditions and penalties:

  • A standard DWI offense entails driving any motor vehicle with a blood-alcohol concentration (BAC) of .08% or more. The BAC limit for commercial vehicle drivers in New York is .04%, and state law prohibits drivers under 21 from driving with any detectable BAC. Penalties for conviction of a standard first-time DWI in Queens can lead to a $1,000 fine, up to one year in county jail, and a mandatory six-month suspension of your driver’s license.
  • New York does not use the BAC limit as a hard and fast rule for all DWI cases. It’s possible for a driver to face a charge of driving while ability impaired (DWAI) if they are proven to be driving while under any level of influence, resulting in impairment. The penalties for DWAI in Queens often include a fine of $500, up to six months in county jail, and a 90-day driver’s license suspension. It is also possible for a defendant to face a drug DWAI charge if their driving ability was impaired by any drug, including prescription medication. Penalties for drug DWAI include up to one year in county jail, a $1,000 fine, and six months of driver’s license suspension.
  • “Combination DWAI” applies whenever a defendant tests positive for both alcohol and drugs after a lawful arrest for DWAI. Penalties for this offense can include a six-month driver’s license suspension, a fine of up to $1,000, and up to one year in county jail.
  • An “aggravated” DWI is any DWI offense in which the defendant tests positive for a BAC of .18% or more or if they were driving with a passenger under the age of 15. The penalties for this offense can include fines up to $2,500, one year in county jail, and up to one year of driver’s license revocation.

No matter what type of DWI offense you face, it is vital to understand that you could not only endure severe penalties issued by the judge handling your case but also various other negative effects on your personal and professional life. You could lose a professional license you hold or membership in certain professional organizations. It’s also possible to lose job opportunities in the future because of your criminal record, and your ability to work could be hampered by your driver’s license suspension.

In the event you hurt or killed someone while driving under the influence of drugs or alcohol, your case could escalate to a felony level, and you would also face civil liability for the damages you caused to others. If you committed any other offenses in addition to DWI, such as reckless driving or a weapons-related offense, you would likely face additional charges and even harsher penalties. Victims of DWI typically file personal injury claims to recover their losses, and the judge handling your case may include restitution to the victim in your sentence.

Ultimately, the penalties for any DWI conviction in New York can be severe and life-changing in many ways. Regardless of whether you committed the offense in question or have been wrongfully accused, you need a defense attorney capable of meeting the unique demands of your case. The Vitaliano Law Firm is prepared to meet this need with responsive and meticulous defense representation through all your impending criminal court proceedings.

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What to Expect From a Queens DWI Attorney

After an arrest in Queens, NY, you should exercise your Fifth Amendment right to remain silent until you can exercise your Sixth Amendment right to legal counsel. The US Constitution ensures that every citizen has access to legal representation when they are charged with a crime, even if they cannot afford to hire an attorney or do not wish to hire one. Public defenders are available to defendants at no charge, but it’s vital to know the difference in what a private Queens DWI attorney can offer in your situation.

Most of the public defenders representing defendants in the Queens, NY, criminal court system are capable and very hardworking attorneys who do the best they can to defend their clients. However, the inherent demands of their job require them to manage several cases at once, affording them little time to provide each client with much individual attention. Even the most talented public defenders are simply unable to provide their clients with much more than an hour or two each day.

When you choose The Vitaliano Law Firm to handle your defense in the face of DWI charges in Queens, you can expect personalized defense counsel as soon as you retain our firm’s services. We will carefully examine the police report of your arrest to ensure the police followed the rules of due process. If they failed to acknowledge your civil or constitutional rights in any way or failed to establish reasonable cause to conduct your arrest, we will move to seek case dismissal on your behalf as swiftly as possible.

If the prosecutor has enough evidence to secure a conviction and the defendant knows they broke the law, plea bargaining could be the best strategy available to them. Prosecutors are sometimes willing to extend plea deals to defendants. If the defendant agrees to plead guilty, thus conserving court resources, the prosecution agrees to reduced or dropped charges and/or lighter sentencing. Your Queens DWI attorney will be crucial for determining whether this would be the best option for your situation.

Any criminal case for DWI in New York can entail protracted court proceedings, many pretrial motions, and extensive hearings. Whatever your unique case entails, you will be best prepared to meet the challenges ahead of you with an experienced Queens DWI attorney defending you. The Vitaliano Law Firm has extensive professional experience defending clients in Queens who have faced all manner of criminal charges. We know how local prosecutors approach these cases and how to develop effective defensive strategies for our clients.

DWI Lawyer FAQs

Q: How Much Does It Cost to Hire a Queens DWI Attorney?

A: It’s understandable to have concerns about the potential cost of hiring a defense attorney. However, this can be an important investment in your own future. The right defense team can potentially help you avoid conviction entirely or, at the very least, minimize the penalties handed down by the court. Ensure that you understand your defense attorney’s billing policy so you know how much their services will cost.

Q: Is It Possible to Have a DWI Case Dismissed in New York?

A: A criminal case for DWI in New York could be dismissed for various reasons. If the police or prosecution mishandle evidence, violate the defendant’s rights, or commit other failures of the criminal justice system, these issues may be enough to have a case dropped. For example, if it is determined that a police officer did not properly establish reasonable cause to conduct the arrest in question, this could easily lead to case dismissal.

Q: How Can I Have DWI Penalties Reduced in New York?

A: Prosecutors are often willing to plea bargain with first-time offenders as long as their DWI offenses do not entail injuries or fatalities to others. A plea deal exchanges a swift guilty plea for reduced charges and/or a lighter sentence. This is never guaranteed to a defendant, and your Queens DWI attorney is the best resource to consult to determine whether this type of arrangement would suit your best interests.

Q: How Can I Avoid Jail for a DWI Conviction?

A: Misdemeanor-level DWI offenses often lead to incarceration in county jail, while felony offenses can lead to incarceration in state prison. Judges handling sentencing in DWI cases are often willing to consider alternative or diversionary sentencing for first-time offenders. If you have concerns about jail time after a DWI, it is crucial to secure a defense lawyer as soon as possible. First-time offenders are most likely to qualify for alternative sentencing, and a defendant who can prove a substance abuse disorder may qualify for mandatory rehabilitation in lieu of jail time.

Q: Is It Worth Hiring a Queens DWI Defense Attorney?

A: If you have the means to do so, investing in private criminal defense representation you can trust can be one of the most important decisions you make. A DWI conviction can carry various negative consequences to your professional and personal life. The right defense attorney can potentially help you secure a case dismissal or have your charges dropped significantly, possibly sparing you some of these effects. It’s always worth hiring defense counsel you can trust for a Queens, NY, DWI case.

The Vitaliano Law Firm has years of experience representing clients in Queens in all types of criminal cases, including those pertaining to DWI offenses. Regardless of what your case entails, you can rely on our team to provide compassionate and responsive defense counsel through all stages of your case. If you are ready to speak with a Queens DWI attorney about your defense, contact The Vitaliano Law Firm to schedule your consultation with a defense attorney you can trust.