Brooklyn DUI Attorney: Defining and defending DWI charges in Brooklyn
If you, or a family member, was charged in Brooklyn, New York (NY) with driving any type of vehicle under the influence of alcohol or drugs, it is extremely important to secure competent, experienced and skilled legal representation as soon as possible.
Why? Because a drunk driving conviction carries significant consequences that can haunt you for years, or even the rest of your life.
The Bukh Law Firm, PLLC stands ready to help you and your loved ones. Our team of attorneys possess extensive experience helping clients who have been charged with a DUI, resisting arrest, license suspension and DMV issues.
Overview of DWI Offenses You Could Be Charged with in Brooklyn
The following is a list of New York State drug and alcohol related charges that can potentially result in criminal penalties against those accused:
- Driving While Intoxicated (DWI) – A police officer in Brooklyn can charge you with a DWI if your Blood Alcohol Concentration (BAC) is .08 or higher. You could also be charged with a DWI even if you do not show a BAC of .08 or higher if there is other compelling evidence that you were intoxicated while operating a motor vehicle.
- Aggravated DWI – This is an “enhanced” version of the DWI charge and applies when someone has a 0.18 BAC or higher. The New York legislature codified the Aggravated DWI offense in Vehicle & Traffic Law § 1192.2-a. As expected, an Aggravated DWI is a more significant offense when compared to a regular DWI. The punishments associated with a conviction are more severe and prosecutors may be hindered in their ability to negotiate with this charge during a negotiation to try and reach an acceptable plea bargain.
- Driving While Ability Impaired (DWAI) – Many people are surprised to learn that New York has a law on the books making it a criminal offense to operate an automobile with a BAC below 0.08. Well, that is exactly the DWAI offense. If you are found to have a BAC or .06 or .07 BAC, you can be charged and exposed to harsh penalties if convicted. The DWAI charge can also be issued if drugs, or a combination of alcohol and drugs, are found in your system and police suspected you were unable to safely operate an automobile as a result of these substances.
What Exactly is Blood Alcohol Concentration?
People may have heard the term “BAC” in an episode of Law & Order, but may not realize what it actually entails. Your Blood Alcohol Concentration is defined as the percentage of alcohol by weight contained in a person’s blood (measured either directly from a blood sample or indirectly from a breath sample).
Blood or Breath Test – Which Is the Best Choice?
This is a trick question since many motorists do not realize that New York State does NOT allow you to choose which test to take. The police have the authority to select the test that will be used to test your BAC. Either the motorist submits to the test that the police have chosen, or suffers the consequences of a “refusal” to submit to a chemical test, which can have serious consequences.
Penalties Increase If You Refuse a Breath or Blood Test and are Convicted
If the lack of personal choice wasn’t bad enough, there are serious penalties associated with refusing to submit to a chemical test (e.g., Breathalyzer test, blood test, or urine sample). If you refuse the test and get convicted, you are likely to suffer a revocation of your driver’s license for at least one year, and will be ordered to pay a civil penalty of at least $500 to the Department of Motor Vehicles in Brooklyn.
Motorists Under the Age of 21 Need to Be Aware of the NY Zero Tolerance Law
Any motorist who was under the age of 21 when they were pulled over by New York police and possessed a BAC of .02 to .07, is likely facing a criminal charge of “driving after having consumed alcohol.”
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The penalties associated with this offense do not include serving jail time, but typically involve a suspension of your driver’s license for at least six months, along with a large monetary fine. Additionally, the offense remains on your driving record for three years, or until you reach the age of 21, whichever is longer.
Potential Consequences Associated with a DWI Arrest and Conviction in Brooklyn
Some of the problems that arise with a DWI arrest and conviction include, but are not limited to, the following:
- Loss of your driver’s license;
- Large fines;
- Court costs and extensive administrative fees;
- Jail or state prison;
- Vehicle impoundment or forfeiture;
- The placement of an ignition interlock device put on your car.
These are just some of the ramifications associated with a DWI arrest and prosecution. As you can see, New York State treats DWIs seriously. The laws are strict and the punishments can be quite harsh.
What To Look For in a Brooklyn DUI Attorney
If you want to dramatically improve your chances of avoiding or reducing the penalties associated with a DWI is to retain the services of an aggressive and savvy DUI lawyer. When you look for a Brooklyn lawyer to deal with your DUI/DWI, you should look for the following traists:
- whether the Brooklyn lawyer or law firm has extensive experience in representing clients in DUI/DWI cases;
- whether the lawyer or law firm has extensive, actual experience going to court to advocate on behalf of their clients facing DUI/DWI charges.
Picking the right lawyer for your Brooklyn DUI or DWI case can make an enormous difference in the consequences of the charge or getting the charges dismissed.
Take Action Now by Contacting an Experienced Brooklyn DUI / DWI Attorney with the Bukh Law Firm
As you can see, it is extremely important to have top-notch and savvy legal representation when you, or a loved one, is charged with a DUI, DWI, or related offense. The stakes are too high to try and fight the charges alone. You deserve quality legal representation and the Bukh Law Firm can provide it. Our firm is unique in that we are not just a group of attorneys, paralegals and legal consultants.
We are actually a dedicated and passionate team of skilled and savvy legal professionals focused on meeting the unique needs of our clients. The Bukh Law Firm stands ready to serve clients in Kings County, NY.