Being charged with drunk driving—whether it’s a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated)—is a serious matter. These charges come with severe penalties that can impact your freedom, finances, and future. From hefty fines and license suspension to potential jail time, the consequences are steep.
If you’ve been arrested for drunk driving in Rockland County, you may feel overwhelmed and uncertain about your next steps. That’s where Rockland Schonbrun Law comes in. Our experienced criminal defense attorneys understand the intricacies of DUI and DWI laws in New York and are committed to providing a strong defense tailored to your unique case.
What Is the Difference Between DUI and DWI?
In New York State, drunk driving charges fall into two main categories:
DWI (Driving While Intoxicated): This charge applies if your Blood Alcohol Content (BAC) is 0.08% or higher (0.04% for commercial drivers).
DUI (Driving Under the Influence): A broader term often used to include impairment by alcohol or drugs, even if your BAC is below the legal limit.
Additional charges may include:
Aggravated DWI: For BAC levels of 0.18% or higher.
DWAI (Driving While Ability Impaired): For BAC levels between 0.05% and 0.07%.
Zero Tolerance Violations: For drivers under 21 with a BAC of 0.02% or higher.
Penalties for Drunk Driving in New York
Drunk driving penalties in Rockland County and across New York can vary based on factors like your BAC, prior convictions, and whether any injuries or property damage occurred. Common penalties include:
First Offense:
Fines of $500–$1,000.
License suspension for 6 months.
Up to 1 year in jail.
Second Offense (Within 10 Years):
Fines of $1,000–$5,000.
License revocation for 1 year.
Up to 4 years in jail.
Third Offense (Within 10 Years):
Fines of $2,000–$10,000.
License revocation for at least 1 year.
Up to 7 years in jail.
Additional consequences may include mandatory installation of an ignition interlock device, increased insurance premiums, and a permanent criminal record.
Defenses Against Drunk Driving Charges
Being charged with drunk driving doesn’t mean you’re automatically guilty. There are several defenses a skilled attorney can use to challenge the charges, including:
Improper Traffic Stop: Law enforcement must have a valid reason to pull you over, such as a traffic violation or reasonable suspicion of impairment.
Faulty Breathalyzer Results: Breathalyzers can produce inaccurate readings if not properly calibrated or maintained.
Field Sobriety Test Errors: These tests are subjective and can be influenced by factors like medical conditions, weather, or uneven road surfaces.
Lack of Probable Cause: If the arresting officer didn’t have sufficient evidence to justify the arrest, your charges may be dismissed.
Violation of Rights: If your constitutional rights were violated during the stop or arrest (e.g., no Miranda warning), your case may be thrown out.
Rockland Schonbrun Law will meticulously examine the circumstances of your arrest to identify weaknesses in the prosecution’s case and build a strong defense on your behalf.
How Rockland Schonbrun Law Can Help You
At Rockland Schonbrun Law, we understand that a drunk driving charge can feel like the end of the world—but it doesn’t have to be. Our dedicated attorneys are here to fight for you, ensuring your rights are protected every step of the way.
Here’s what we do for our clients:
Case Evaluation: We’ll carefully review the details of your arrest, from the initial stop to chemical testing procedures, to uncover any errors or violations.
Defense Strategy: Based on our findings, we’ll develop a tailored defense strategy designed to minimize penalties or have charges dismissed.
Negotiation: In some cases, we may negotiate with prosecutors for reduced charges or alternative sentencing, such as enrollment in a treatment program.
Trial Representation: If your case goes to court, our experienced trial attorneys will aggressively advocate on your behalf.
Our team has a deep understanding of the drunk driving laws in Rockland County and the local court system, giving us the tools to achieve the best possible outcome for your case.
Why Choose Rockland Schonbrun Law?
When your future is at stake, you need a legal team that knows the ins and outs of Rockland County’s legal landscape. Here’s why Rockland Schonbrun Law is the right choice for your defense:
Experience You Can Trust: We’ve successfully defended countless DUI and DWI cases, earning a reputation for results-driven representation.
Personalized Attention: Every case is unique, and we take the time to understand your specific circumstances and goals.
Proven Track Record: Our history of favorable outcomes speaks to our commitment to fighting for our clients.
Local Knowledge: As a Rockland County-based law firm, we’re familiar with the area’s courts, judges, and prosecutors, giving us a strategic advantage.
Steps to Take After a Drunk Driving Arrest
If you’ve been charged with drunk driving, it’s important to act quickly. Follow these steps to protect your rights:
Don’t Admit Guilt: Avoid making statements to the police or prosecutors until you’ve consulted with an attorney.
Request a DMV Hearing: In New York, you have a limited time to request a hearing to contest your license suspension.
Gather Evidence: Write down everything you remember about the stop and arrest, including the time, location, and behavior of the officers.
Contact a Lawyer: A skilled DUI/DWI attorney can guide you through the legal process and build a strong defense.
Protect Your Future with Rockland Schonbrun Law
A drunk driving charge can be overwhelming, but you don’t have to face it alone. At Rockland Schonbrun Law, we’re committed to protecting your rights, minimizing penalties, and helping you move forward with your life.
Time is critical in DUI and DWI cases, so don’t wait. Contact Rockland Schonbrun Law today for a free consultation and take the first step toward securing your future.
FAQs
Can I refuse a breathalyzer test in New York?Yes, but refusing a breathalyzer comes with its own penalties, including automatic license suspension and fines.
Will I lose my license if I’m convicted of drunk driving?Yes, license suspension or revocation is a common penalty for DUI/DWI convictions. However, a lawyer can help you explore options like conditional licenses.
What happens if this is my second drunk driving offense?A second offense carries harsher penalties, including higher fines, longer license revocation, and potential jail time.
Can I fight a DUI charge if I failed a breathalyzer test?Absolutely. Breathalyzer results are not always accurate and can be challenged in court.
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