DWI convictions carry serious criminal and collateral consequences including large fines, license suspension/revocation, being unable to rent vehicles, job loss and higher insurance premiums. A great DWI lawyer is equipped to fully understand these effects and fight zealously to protect your reputation, career and integrity.
After an arrest, family members and friends can provide invaluable support by helping to find a quality Syracuse DWI lawyer and attending hearings alongside them.
Getting a traffic ticket or being arrested for DUI can be stressful enough without also having your license suspended. Fortunately, we can often get suspensions lifted and aggravated unlicensed driving charges dismissed quickly. Our goal is to minimize the stress of these matters for our clients and their families.
Suspension periods vary from 10 days to a year, and can be a result of just one ticket or several. Depending on your record and the type of violation, you could be looking at serious jail time for a DUI conviction or substantial fines for DWAI/alcohol and drugs.
In New York, thanks to the Prompt Suspension Law, your license may be suspended even before you are convicted of a DWI. This can make it extremely difficult to get to work or take the kids to school and other important appointments. We can often help you fight the suspension and win a Pringle hearing, allowing you to apply for a hardship license.
Implied consent is a concept and law that states that every driver who operates a vehicle on state roads has implied their consent to have a blood, breath, or urine test administered at an officer’s request for the purpose of determining their BAC. These tests are typically conducted after the officer has lawfully arrested a suspect on suspicion of DUI or other driving offenses.
In order to invoke implied consent, officers must have reasonable cause to believe the driver is under the influence of alcohol or drugs. They must also follow strict, state-specific steps to ensure the accuracy of the test results. Failure to do so could render the results inadmissible as evidence.
Drivers should be aware that refusing a chemical test can have severe consequences, including license suspension. It is important to contact a skilled New York DWI defense lawyer as soon as possible in order to review your case and build a strong legal strategy.
DMV Refusal Hearing
Refusing the breathalyzer (Datamaster at many town and village courts, Westchester County police, AlcoTest MK111 at state police barracks, Intoxilyzer at some) or blood test (for DUI cases only) can result in a one year suspension of your driver’s license. In order to avoid such a punishment, you must request a hearing within 14 days of your arraignment in criminal court.
The DMV Refusal Hearing is held separately from the criminal case and is overseen by an Administrative Law Judge. At this hearing, there are four elements that are investigated:
If the Judge finds all of these elements to be true, your driver’s license will be revoked. It is very important to have an experienced lawyer at the Refusal Hearing. We can argue that you should be allowed to retain driving privileges if there is not sufficient evidence that you violated implied consent laws and knowingly refused a chemical test. In addition, we can raise the argument that the blood sample was obtained without a warrant, as the Constitution requires due process.
A skilled dwi lawyer can often convince the prosecutor that their case against the defendant is not as strong as they might think. They can point out police misconduct such as improperly administered coordination tests and breath test results that are inaccurate due to malfunctions of the testing equipment.
Plea bargaining is a process in which the prosecution and driver’s attorney seek to find common ground for a plea agreement. Typically, the defendant will agree to plead guilty or no contest to a lesser charge that will result in lighter penalties than a conviction at trial.
However, people can be coerced into waiving their right to a trial by unreasonable pressure from prosecutors and police officers that want to process cases quickly or cover up their unlawful arrests. Moreover, a conviction can have far-reaching consequences that may affect future employment opportunities, housing choices, and immigration status. This is why it is important to have a qualified lawyer to ensure that the terms of any plea are in your best interest.