DUI Defense Attorney in New York City
What to Do if You Were Arrested for Driving While Intoxicated (DWI) New York
If you were recently pulled over and arrested for driving while intoixcated in New York, don’t wait to contact a DUI defense lawyer. If convicted, you could be looking at up to $10,000 in and jail time for up to 7 years depending on the specifics of your case.
The Law Office of Yifei He, PLLC is here to help. We are an aggressive defense law firm committed to helping people like you fight for reduced sentencing after being charged for drinking and driving in New York. To learn more about your options, contact us for a free consultation.
About Your Charges
The state of New York legally refers to drinking and driving cases as Driving While Intoxicated, or DWI. By definition, the law states that any driver with a Blood Alcohol Content (BAC) of .08 or higher, or who exhibits any other evidence of intoxication, will be charged with DWI. Furthermore, the level of a driver’s BAC will determine the nature of the violation and could result in increased penalties depending on the circumstances involved.
Driving Ability Impaired by Alcohol (DWAI)
- 15 days in jail
- $300 - $500 mandatory fine
- Driver’s license suspension for 90 days
- Penalties increase for third or subsequent DWAI within 10 years
Aggravated Driving While Intoxicated: .18 BAC or higher
- Maximum 1-year jail term
- $1,000 - $2,500 mandatory fine
- Driver’s license revocation for at least one year
- Penalties increase for second and third Aggravated DWI offenses
Building a Defense Against Your Drinking & Driving Charges
Driving under the influence will get you arrested and charged for drinking and driving regardless of the circumstances that led to you being pulled over. Whether you had one drink too many in the company of friends or you were on your way to work after taking a healthy dose of cough medicine, if you are spotted weaving in and out of traffic or showing any other signs of inebriation while on the road, you could be pulled over on suspicion of DWI. And, when you are, if you fail to pass the standard tests used to check your sobriety, you’ll be taken in and charged accordingly. However, in these circumstances, other data must be looked at – and we’re willing to do the digging to uncover it as we build the best defense possible against your charges. For example:
- Conditions that can affect your sobriety include: your gender, your body weight, how much food you ate before and during drinking, the length of time you spent drinking, and the total amount of alcohol you consumed. If your BAC at the time of the reading reflect a much higher alcohol content than what you consumed, we will look into why.
- Inaccuracy of field sobriety tests: the standard tests for intoxication that many law enforcement officers employ after pulling someone over on suspicion of drunk driving are far from accurate. For example, asking anyone to walk toe-to-toe in a straight line or stand on one leg for a pre-determined amount of time could be difficult, even impossible, whether or not they are sober.
- Poor breathalyzer calibration: Devices known as breathalyzers must be calibrated regularly in order to produce accurate results. If the breathalyzer that determined your BAC hadn’t been properly calibrated in the past 6 months or since the last 100-500 tests, it may be worth challenging the BAC read it gave the officer who arrested you.
What DUI Charges Could Mean for Non-citizens
DUI charges are especially severe if you are a non-citizen, as a conviction could jeopardize your current immigration status in the US. According to the Immigration and Nationality Act, any individual convicted of crimes of moral turpitude, which may include drinking and driving offenses, has a possibility of being deported. Moreover, having multiple convictions for DUI can classify you as a habitual drunkard. This can result in a finding of a lack of good moral character, which could potentially prevent you from obtaining many different immigration benefits, such as naturalized US citizenship.
Attorney Yifei He has experience representing individuals charged with DUI. Whether it be through trial or settlement, he can prepare a strategic defense that sets you up for the best outcome possible in your case. Additionally, if you are a noncitizen charged with DUI, he can work to eliminate any negative consequences your charges might have on your immigration status.
Your first consultation at The Law Office of Yifei He, PLLC is free and completely confidential. Call today to learn about your options: (917) 451-5173. We can also be reached via our online contact form.