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The
New York DWI attorneys at LoFaro & Reiser, L.L.P. represent defendants
charged with drunk driving (DWI/DUI) throughout courts
in the State of New York including New York City, Queens, Bronx,
Brooklyn, Long Island, Staten Island, and Westchester. If you or a loved one has been charged
with drunk driving, please contact
a New York DUI lawyer today.
DWI
arrests in New York will trigger two separate cases for those
accused of driving while impaired. The first is the DWI case in
criminal court; the second is the DMV case, where the New York DMV
is empowered to suspend the driving privileges of those accused of
DWI or DWAI (driving while abilities are impaired by alcohol).
New York DWI cases (also known as DUI – Driving Under the
Influence) can be brought under one of two theories: either
violation of the DWI "per se" law (which is based only on
alcohol level, not driving impairment), or under a traditional
"common law" theory (where the prosecution must prove that
the driver is intoxicated). Intoxication, for the purpose
of Vehicle and Traffic Laws, is a condition where the motorist lacks
the necessary physical and mental skills to operate a motor vehicle
as a reasonable and prudent driver. New York DWI arrests based on
the common law theory do not require any measurement of BAC; they
may be based entirely on the opinion of the arresting officer.
DWI cases can be "aggravated" (with harsher
punishment and penalties) where the BAC is .15 or more, where
there is a traffic accident, refusal to take the chemical test, or
any other attempt to evade police or flee the scene of a DWI
accident.
New York DWI law is unique, in that it gives
all motorists a qualified right to consult with a DWI lawyer before
deciding whether to take or refuse the chemical test. (It is
"qualified" because those arrested have a right to call and obtain
advice from a DWI lawyer, but the police do not have to wait for
that lawyer to show up.) New York DWI lawyers know that taking
late-night calls is simply part of the job description.
It is critical to consult with a qualified New York DWI attorney
before deciding this issue, since taking or refusing the test is an
important and complicated decision following a drunk driving arrest.
Don't
go to court alone. Our NY DUI attorneys
aggressively defend drunk driving
charges, and we will explore all possible defenses on your behalf.
Contact
a New York DWI lawyer today.
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