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Brooklyn DWI & DUI Laws: Fighting First Offense Charges

March 21, 2024 Uncategorized

Brooklyn DWI & DUI Laws: Fighting First Offense Charges

Dealing with a DWI or DUI charge in Brooklyn can be really stressful and confusing. Like, trying to navigate all the legal stuff when you’ve never been in trouble before is kinda overwhelming. But don’t freak out too much. Lots of people face drunk driving charges in NYC and there are definitely options to fight them, even if it’s your first offense.

New York’s DWI and DUI Laws

There’s a few key things to know about DWI and DUI laws in New York:

  • DWI stands for “Driving While Intoxicated” and means driving with a blood alcohol content (BAC) of 0.08% or higher. This is basically being legally drunk while operating a vehicle.
  • DUI is “Driving Under the Influence” and is a broader charge – you can get a DUI even if your BAC is under 0.08% if officers believe your driving ability was impaired.
  • First offense DWIs and DUIs are usually misdemeanors in NY but can sometimes be charged as felonies depending on the circumstances (like if someone gets injured).
  • There are mandatory fines and license suspensions even for first offenses. You may also have to use an ignition interlock device when you drive in the future.

So those are some of the basics. Even first-time charges shouldn’t be taken lightly since they can lead to big fines and affect your ability to drive going forward.

Fighting First Offense DWI and DUI Charges

While DWIs and DUIs can’t just be made to go away easily, there are often options for fighting charges – especially for first offenses. An experienced DUI lawyer can help get charges reduced or even dismissed in some cases. Here’s some of what they might do:

  • Look for issues with your arrest – If there were any problems with things like your traffic stop, field sobriety tests, or chemical test, that could make key evidence inadmissible. Without that evidence, the DWI/DUI case against you weakens.
  • Negotiate with the prosecutor – Prosecutors know first offense DUIs can sometimes be hard to prove. A good lawyer may be able to negotiate dropping the charges down to something like reckless driving.
  • Bring up mitigating circumstances – Things like having a clean record, doing well in alcohol counseling programs, or having compelling life events around the time of your arrest may persuade prosecutors to go easy on you.
  • Take the case to trial – Especially when there are issues with the arrest or testing, you may decide to fight all the way at trial. An acquittal beats taking a guilty plea.

While every case is different, these are some of the main ways experienced DUI attorneys fight first offense charges for their clients. The key is acting fast to start building your defense.

Finding the Right DWI/DUI Lawyer in Brooklyn

Not all lawyers handle DUI and DWI cases regularly. When looking for the best attorney for your case in Brooklyn, keep these tips in mind:

  • Find lawyers with proven experience handling drunk driving cases in Brooklyn specifically. The courts and prosecutors in each borough can handle things differently.
  • Look for someone who is well-versed in New York’s DUI and DWI laws and defenses. Out-of-state attorneys may not understand NY’s specifics.
  • See if they have resources like relationships with toxicologists, private investigators, and DMV hearing experts.
  • Make sure they have successfully fought and won DWI/DUI cases for past clients, especially first offenses.
  • Be comfortable with their style – do they take an aggressive or diplomatic approach? Go with whatever fits you best.

Doing some research upfront is key to finding the right lawyer for your situation. Reddit forums, Quora posts, and legal sites can provide useful insight from real people who have faced DUI charges before. But don’t wait too long – the sooner you talk to an attorney after an arrest, the better.

What Happens After a First Offense DWI or DUI?

Even if you fight the charges, a first offense DWI or DUI conviction in New York has consequences you’ll have to deal with, like:

  • Fines – minimum $500 plus surcharges, sometimes over $1,000 total
  • License suspension – minimum 6 months
  • Drinking and driving program – typically involves an alcohol assessment, treatment classes, and/or community service
  • Ignition interlock device – may need to blow clean breath samples to drive for 6 months-1 year

And those are just the mandatory minimum penalties. The judge can also tack on things like probation or more fines and fees. And your auto insurance rates will almost certainly go up after a DWI/DUI.

But with the right legal strategy and experienced lawyer on your side, you can hopefully avoid the worst outcomes. Be proactive in fighting your charges, take all mandatory steps seriously, and learn from the experience.

We know dealing with a first offense DUI feels scary and overwhelming right now. But you got this! Arm yourself with knowledge about the process, rights, and options – and lean on a skilled Brooklyn DWI/DUI attorney to guide you through the legal side. You can get to the other side of this.

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