Protecting Your Freedom And Your License After Drunk Driving Charge
New York has some of the toughest drunk driving laws in the nation. If you have been arrested for driving while intoxicated (DWI) or driving while ability impaired (DWAI), you face the possibility of serious criminal penalties, including jail time, probation, driver’s license suspension, significant court fines and more.
You can turn to the experienced criminal defense attorneys at James Kleinbaum Attorney At Law P.C.. Located in Chatham, our law firm handles DWI and DWAI cases statewide throughout New York. We handle all drinking and driving charges, including:
- DWI: Driving while intoxicated, .08 BAC or higher
- DWAI: Driving while alcohol impaired, .05 to .08 BAC
- Underage DWI/Zero Tolerance Law: .02 to .07 BAC
- Driving while impaired by drugs
- Aggravated DWI: .18 BAC or higher
At our firm, we aggressively defend the rights of the criminally accused. We fight DWI charges aggressively to seek a favorable result for each client we represent. Most of the DWI/DWAI charges we handle are resolved by plea agreement, but we are always prepared to take a case to trial if the prosecution is unwilling to be reasonable. Contact us toll-free at 888-SPEEDTX or send us an email to get our help.
Before You Accept Your Fate, Speak With A Lawyer
If this is your first DWI, your friends or family may have told you to simply plead guilty to avoid the stress or cost of fighting your charges. This could be a huge mistake. Although no DWI attorney can guarantee a particular result in your case, the truth is that people need qualified legal representation. A drunk driving lawyer may be able to achieve a more positive result in your case by communicating to the prosecution any flaws in their case.
Law enforcement does make mistakes. Many DWI/DWAI charges are based on evidence obtained in a constitutionally unsound manner. If retained to handle your case, we will take the time to ask important questions on your behalf:
- Did the officer have cause to stop your car?
- Did the officer perform the roadside field tests properly?
- Did the officer perform the breath test properly?
- Did the officer have probable cause to make an arrest?
Before you plead guilty and put your rights in jeopardy, let one of our experienced DWI defense attorneys speak with you and help you make an informed decision about your case.
What Are The Penalties For DWI/DWAI?
Facing a DWI or a DWAI comes with many questions. We understand how overwhelming this can feel. Below, our team members have taken the time to answer some of the questions that we hear most often from our prospective clients.
Why do I need a DWI/DWAI attorney?
You have the right to handle your charges on your own, but the law is against you. Without an experienced criminal defense attorney to explain your options and protect your rights, you may very well find yourself with a criminal conviction. Your lawyer can appear with you in court, challenge unlawful evidence, investigate the circumstances of your arrest, and negotiate a plea bargain or defend you in trial as necessary.
What is Leandra’s Law?
In 2009, New York State passed Leandra’s Law to discourage drunk driving with children in the car. The consequence of Leandra’s Law is that driving with a blood alcohol content of .08 or higher with a minor under the age of 15 in the car is an automatic felony – even if it is your first offense.
Can I refuse to take a breathalyzer test?
Although you have the right to refuse to take a breathalyzer test, there is a severe consequence associated with it. If you refuse, the court may find you guilty of refusal to test and revoke your driver’s license for up to one year.
These are just a few of the questions we hear every day. Get in touch with us to speak to a lawyer one-on-one about your other questions and concerns.