In New York, a DWI is a serious criminal charge that can have a long-term impact on your future and can result in fines, increased insurance premiums, and even jail time. Having the advice and guidance of a New York DWI lawyer can lessen the impact of your charges and may even keep you out of jail. Before you make any decisions, it is important to speak with an experienced Suffolk County DWI defense attorney.
What is at Risk After a New York DWI Charge?
If you have been charged with a DWI or DWAI, you may face many consequences depending on the situation and your conviction history. These include fines, suspensions, revocations, and even jail. Even if your blood alcohol level was .05%, you could still be facing severe consequences. Having a criminal conviction also follows you throughout life, affecting employment, career options, and even housing.
Being charged with a DWI in New York does not mean that you will be convicted. The state must prove the charges against you. Having an experienced criminal defense attorney representing your legal interests may get your charges minimized or even dropped altogether.
Understanding Your Charges and Consequences
In New York, driving while intoxicated, or DWI is commonly called DUI in other areas. There are different DWI charges that may be brought depending on the factors surrounding your arrest, the level of your blood alcohol concentration, whether you had a combination of drugs and alcohol in your system, your age, and whether you cooperated with a sobriety test.
Factors That Your DWI Lawyer Will Consider
DWI charges are criminal charges that should never be taken lightly. Particularly if you have been charged with aggravated DWI, felony DWI, or have previous convictions on your record, having skilled representation may get the prosecution to regard you more favorably and lead to a possible plea bargain.
Every DWI case is unique and will be dependent upon the charges, the facts surrounding your arrest, and your history. Your charges may be minimized or dismissed depending on if the arresting officer had probable cause.
How cooperative were you at the time of the arrest? Was there a possible error in the field sobriety test? Were there witnesses who can attest that you were not intoxicated? Are you qualified for an impaired driver program? These may all be factors that our lawyer will consider when representing your case.
New York DWI Cases: Plea Bargaining
Plea bargaining refers to the process by which the prosecution and defense teams try and reach an agreement on the outcome of a criminal case without the need for a trial. Because each case is unique and there are no set rules, plea bargains do not have a standard arrangement. The defendant may agree to plead guilty to the charges and will waive his right to trial in a plea agreement. In return, the prosecution will reduce or dismiss some of the charges, recommend a shorter sentence, or any combination thereof. After that, the court will approve the plea agreement.
New York’s District Attorneys must ensure that prosecutors follow all applicable laws and policies to limit plea bargaining. New York drunk driving law places a restriction on the ability of the prosecution to reduce a DWI case to Driving While Ability Impaired (DWAI). However, prosecutors still have the right to use their discretion if there are good reasons that a DWI/DWAI is unjustified. If the court agrees, the deal will be approved.
Individual circumstances will have their own advantages in plea bargains. For DWI cases, there are many possible punishments and probation options that vary widely. A lot of people find relief in having some control over how and when the case will be resolved. Plea agreements eliminate the risk and cost of trial. The defendant is expected to make the final decision only after having discussed the matter thoroughly with their attorney.
Having an experienced criminal defense lawyer give you legal advice about plea bargains may be able to help you understand your rights and protect your freedom. Criminal attorney Jason Bassett may be able to provide the legal assistance you need for your DWI charges. Contact us today to schedule a consultation.
Do You Qualify for Programs on Long Island?
If this was a first DWI arrest, you may qualify to participate in an Impaired Driver Program designed to raise awareness about drunk driving to prevent future consequences. Those who qualify can get a conditional license with a full license restored after the successful completion of the program.
Get the Advice of an Experienced Suffolk County DWI Attorney
If you have been charged with a DWI in New York, you may have several legal defenses available to you. Contact the law offices of Jason Bassett Criminal Attorney for a free consultation to get the advice you need after a DWI charge in Suffolk County, or anywhere on Long Island, NY. Call us at (631) 259-6060