New York DWI Lawyer - DUI Defense

The next thing the prosecution must prove is the use of alcohol or drugs by the defendant. This proof will depend upon the charge. In the case of a per se DWI charge, the actual amount of alcohol or drugs in the defendant’s system must be proven, generally using chemical testing. 

In a driving while intoxicated charge, it is not necessary for the prosecution to prove the level of alcohol or drugs. It must merely be established that the individual was not capable of operating the vehicle safely. This can be done with a field sobriety test, the defendant’s behavior and speech at the time of a stop, the presence of alcohol in the vehicle, or even the odor of alcohol.

Penalties for a DWI in New York will depend on the charges, the blood alcohol concentration of the defendant, whether it is a first or subsequent offense, whether it caused an accident and injuries, and other various factors. They will range from $500 to $10,000 in fines, 15 days to 7 years behind bars, and potential suspension or permanent loss of your license, impoundment of your vehicle, or a mandated ignition interlock device requirement.

Sentencing enhancements may apply when a defendant has prior DWI convictions or if there are other aggravating factors. These may lead to additional charges or a higher classification of the charges with additional penalties. 

When you have been charged with an alcohol-related offense in New York, getting skilled legal assistance can help mitigate your charges and potential penalties. At Lebedin Kofman, LLC, criminal defense attorney Arthur Lebedin and our experienced team of New York DWI lawyers is there to diligently represent your rights and ease the outcome of your charges.

If you are convicted of a DWI, these penalties can have a serious impact on your life, and your livelihood, and leave you with a possible criminal record that can follow you for life. 

Fortunately, with skilled legal representation, there are common defenses that can be pursued, depending on the circumstances. These can include:

• Challenging whether the officer had probable cause to stop you and request a breathalyzer
• Challenging the breathalyzer machine or the administration of it
• Challenging whether a urine or blood test was administered, handled, or stored properly

Furthermore, an experienced New York drunk driving attorney often has the ability to get charges reduced or seek alternatives to ease your legal consequences.

There are three main categories of arguments that can be used to get DWI charges dropped.

• The law does not permit the prosecution to proceed with the charges.
• The evidence against the driver is not enough.
• The State committed a procedural error.

The first of these are the two bars the State must reach before it can convict anyone charged with a DWI offense. The trial does not begin until the first bar has been reached. The court now asks whether there is sufficient evidence for the prosecution to convict. However, the possession of enough lawful evidence does NOT mean that the accused person is guilty. It is simply that the State has enough evidence to support the charges.

The basic idea is that to justify taking the case to trial, the court wants to know that the State could secure a guilty verdict if the State presented all its evidence and the defense presented nothing. This is a minimal prerequisite to make sure the trial is not a waste of time.

For DWI cases to be dismissed, lawyers will often appeal to arguments falling within at most one of these categories. They argue that the State has not proven the client guilty beyond a reasonable doubt or that the proceeding is unfair and unjustifiable.