Is It Worth Fighting A DWI In New York?

Last updated on November 27, 2024

Driving is society’s most accessible and convenient mode of transportation, but with so many drivers on the road, maintaining safety is paramount. The distinction between safe and unsafe driving can be very narrow, especially when it comes to DWI-related charges and convictions. New York enforces strict DWI laws, and the repercussions of a conviction can result in life-changing penalties that may leave you feeling like there’s no way out. However, with the right legal support, you may have options to defend your case and protect your future.

If you are facing DWI charges, a skilled Long Island DUI/DWI defense lawyer from the Law Offices of Jason Bassett, P.C. can make a difference in the outcome of your case. With a deep understanding of DWI laws and extensive experience in the courtroom, Jason Bassett can assess your situation, build a strong defense, and work toward minimizing the impact of the charges. For a comprehensive DWI defense strategy, contact us today at (631) 259-6060 for a consultation and get the qualified legal support you need.

What If This Is My First DWI Offense on Long Island?

If this is your first offense with a DWI charge or conviction, it may help your defense but it really depends on the entire situation and the level of intoxication. Once a DWI report is submitted, the offense goes into the hands of the District Attorney. The District Attorney is only able to make decisions based on the information given in the report. There are policies put in place that determine the severity of the charge that is based on the results of the reported BAC.

For instance, in Nassau and Suffolk County, if BAC is between .05% and .07% it may not be considered a criminal offense but rather an infraction which could still involve consequences such as fines, license suspension, and in some cases even jail time. If BAC is between .08% and .17% the consequences are much more serious and could result in a misdemeanor or worse.

New York BAC Chemical Testing

Breathalyzers and BAC chemical tests are often used by law enforcement officers to seek a DWI conviction. These methods, however, are not conclusive evidence that a person was drunk driving and they do not constitute an automatic conviction. The possibility of the arresting officers making a mistake in handling the situation is always present. An experienced Long Island criminal defense attorney may use these possible errors to defend someone who is facing a DWI charge in New York.

New York courts require that drivers who are arrested for drunk driving must submit to a breath test to determine their BAC. This means that drivers who drive cars in New York state consent to having their system tested for alcohol.

Refusing to submit for testing after being pulled over could result in your driver’s license being revoked. There may also be other penalties such as fines or suspension of their license. If the driver insists on their refusal of the test, they are entitled to request a DMV hearing. Having a skilled DWI lawyer when facing DWI charges can boost the driver’s chances of having a favorable outcome.

What Options Do I Have to Build a Defense Against My DWI?

There are many different ways to approach building a defense that could potentially reduce or drop the charges of a DWI on Long Island. Much of the evidence gathered for the offense is based on subjective tests. For example, if an arrest was made due to the results of a field sobriety test, that kind of evidence is based on the judgment of the arresting officer and could be contested. Another commonplace document where evidence can be found to build a defense is the arrest report. There could be legal technicalities in the report that could work in favor of the defense.

Those are just some of the details that could begin to build a solid defense case against a DWI offense. It is always going to be the best-case scenario to work with an attorney experienced in DWI cases.

Defense Strategy Impact
Contest Field Sobriety Tests Challenges the subjective evidence from field sobriety tests to question their reliability.
Review Arrest Report Identifies legal errors in the arrest report that may weaken the prosecution’s case.
Hire a DWI Attorney Ensures expert defense construction by an experienced attorney, improving chances to drop charges.

Are DWI Lawyers Worth It?

Hiring a DWI lawyer in New York can significantly impact the outcome of both your civil and criminal proceedings. The consequences of a DWI conviction in New York can be severe, affecting not only your driving privileges but also your criminal record and overall future.

During civil proceedings, such as a DMV hearing that decides the fate of your driving license, a DWI attorney is invaluable. They can collect and present essential evidence that may not only help you retain your license but also lay a strong foundation for your defense in criminal court.

In criminal cases, a DWI attorney’s role expands to actively defending you in court. They negotiate with prosecutors to potentially reduce or dismiss your charges. Moreover, they can advocate for less severe penalties, such as community service or driving courses, instead of jail or prison time. This is especially critical if you have a prior record or if the charges are particularly severe.

The benefits of having a DWI lawyer by your side in New York are significant. They provide guidance through the nuances of both the legal frameworks and court proceedings, aiming to achieve the best possible outcome. Without legal representation, dealing with these challenges can be daunting and may lead to less favorable results. Therefore, investing in a competent DWI lawyer is generally considered worthwhile in New York.

Can a DWI Lawyer Guarantee That My Offense Will Be Dropped or Reduced?

Unfortunately, no. There is never ever any guarantee when it comes to a defense case, but that doesn’t necessarily have to mean that you are doomed. Your chances of achieving the best possible outcome for your case are much better when you have an experienced attorney working by your side.

Criminal Attorney, Jason Bassett, Is a Highly Regarded DWI/DUI Lawyer on Long Island

When facing a DWI charge, it’s crucial to conduct comprehensive research before selecting legal counsel. Every case is unique, and so are the needs of each client. At the Law Offices of Jason Bassett, P.C., our experienced Long Island DUI/DWI defense lawyer Jason Bassett can help you understand the specifics of your situation and work towards the most favorable outcome. He can provide the legal assistance you need if you are facing DWI charges in New York. Contact us today at (631) 259-6060 to schedule a consultation.

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