Facing Drunk Driving Charges In New York
Being charged with drunk or drugged driving is a serious matter. The penalties for these crimes can be severe, and you could face jail time, fines, and other consequences. If you have been charged with a DWI or DUI, it is important to have an experienced criminal defense attorney who can fight for your rights.
The lawyer at SMC Law Firm is a former prosecutor with years of experience in New York criminal law. She understands New York’s drunk driving law and the specific charges you are facing.
What Is DWI/DUI?
DWI and DUI are both acronyms for driving while intoxicated. DWI stands for driving while intoxicated, while DUI stands for driving under the influence. These terms are often used interchangeably, but there is a slight difference between them. DWI is typically a criminal offense, while DUI is often a traffic violation. However, each state has its own rules and acronyms.
The Penalties For DWI/DUI
The penalties for DWI/DUI vary depending on the state and the circumstances of the offense. However, in general, you could face the following penalties if you are convicted of drunk or drugged driving:
- Jail time
- Fines
- License suspension
- Probation
- Mandatory alcohol treatment
All of these penalties are very serious, and all go on your record. This is why you need an attorney to defend you.
Consequences Of Declining A Breath Test
If you are arrested for drunk driving, you will be asked to take a breath test. If you refuse to take the breath test, you could face the following consequences:
- Your license will be automatically suspended for one year
- You could be charged with a separate criminal offense
- You could be denied bail
These consequences could make it difficult to move forward with your life as you face drunk driving charges. The attorney at SMC Law Firm can help you determine your options.
Possible Defenses For DWI In New York
There are a number of possible defenses to a DWI charge. Some of the most common defenses include:
- The police officer did not have probable cause to stop you
- The breath test was not properly administered
- You were not actually intoxicated
It is essential to have a skilled lawyer by your side to help you choose the defense that will support your case and your goals.
How Long Does A New York DUI Stay On Your Record?
A DUI in New York stays on your record for 15 years, for both misdemeanor and felony DUI convictions. For some very serious DUI cases, such as incidents that result in vehicular homicide, the conviction may remain on your record permanently. It is possible in some cases to remove the conviction from your record through a post-conviction motion. It’s important to always consult an experienced DUI attorney to ensure you receive a fair outcome in your drunk driving case.
Will A DUI Conviction Affect My Career?
A DUI conviction in New York could certainly impact your current career and future career prospects. A criminal conviction of any kind can hurt your credibility with employers – and if your job requires you to drive, you could be fired immediately following a conviction, and you will likely be limited when looking for a new job. You may be unable to receive a professional license required to perform your work as well. Many believe they can afford the immediate costs associated with DUI, but the damage a conviction can do their career could prove to be much more detrimental to those accused.
Don’t Fight DWI Charges Alone
If you have been charged with driving under the influence, the attorney at SMC Law Firm can help. Contact her today at 212-256-9441 or online to schedule a consultation.