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Welcome To Our Blog

Monday, April 24, 2017

Fourth DUI Soon To Be A Felony

Rules and regulations are never completely static and stationary. Laws change as the world's circumstances change. And recently, the United States government announced an important change to the nation's laws regarding DUIs (driving under the influence) charges. Soon, a person's fourth DUI is going to become a felony.

DUI Statistics In New York


This change in the law is important for many reasons. First and foremost, between 2003 and 2012, there were 3,752 people killed in motor vehicle accidents involving drunk drivers according to the Centers for Disease Control (CDC). These staggering numbers do not even account for the DUI incidents that only involved injuries or did not cause injuries at all.

What These Legal Changes Mean


Every time a person is charged with a DUI, the potential charges are different. The first offense is treated with the most leniency while each subsequent offense is taken more and more seriously. This is meant to protect the public at large from the potential ill effects of a person getting behind the wheel drunk.

The first three DUI charges are considered to be misdemeanor charges which means the penalties generally include minimal jail time (one year to four years), fines, and license suspension. However, once a person exceeds three DUIs, the charges after that are about to become felonies. This means that the penalties are much more severe possibly including a ten year or more state prison term. A felony conviction can also make it difficult to get a job or maintain professional licenses.

As such, if you are charged with a DUI or DWI, you need to seek out legal representation as soon as possible. With the possibility of any DUI beyond three being a felony charge, you cannot leave anything to chance and need to seek legal representation to help you handle the situation and protect yourself from facing serious and severe punishments and lengthy jail times.

Need Help With Your DWI Arrest Charges?

If your arrest occurred in Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

If your arrest occurred in Queens, NY, contact our DWI lawyers at this office:

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770

If your arrest occurred in Long Island, NY, contact our DWI lawyers at this office:

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604 

Wednesday, March 22, 2017

Facing A DWI/DUI As A Commercial Driver

When you receive a DUI or a DWI as a commercial driver you are likely to face some serious consequences. Since you have access to commercial vehicles you are held to a higher standard than you would be otherwise. According to DUILegalNY.com, an arrest for DWI while operating under a CDL leads to heavier fines and penalties in comparison to anyone arrested on standard DWI charges.

Facts About Commercial Drivers And DWI/DUI


Even if at the time you are pulled over and your blood alcohol level is below the legal limit to be considered under the influence, you may face drunk driving charges anyway. If your blood alcohol level is even half the limit you may find yourself in some serious trouble. Being arrested for drunk driving when you are not working can still affect your status as a commercial driver.

In some cases you may lose your driver's license temporarily but in other cases it may be permanent. A DUI conviction can lead to one year without your commercial driver's license being valid. You may lose your driving privileges for a year if you are pulled over for DUI or DWI and refuse to take a breathalyzer, we previously wrote about this here. According to Federal law, as a commercial driver you may be asked to agree to a random alcohol or drug test while you are driving, or immediately before or after.

Consequences Of A DUI/DWI Arrest


In general, being arrested for DUI or DWI carries with it the following consequences:
  • losing your job
  • losing your commercial license
  • paying expensive fines
  • serving time in jail
Driving while intoxicated or under the influence can cause much more damage to your life than it would if you were not a commercial driver. If you find yourself facing a DWI or DUI charge you will want to speak with an attorney who can guide you through the resulting actions.


Need Help With Your DWI Arrest Charges?

If your arrest occurred in Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

If your arrest occurred in Queens, NY, contact our DWI lawyers at this office:

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770

If your arrest occurred in Long Island, NY, contact our DWI lawyers at this office:

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604

Tuesday, February 28, 2017

Out Of State Driver Facing A DWI



A charge of Driving while intoxicated (DWI) is a serious offense. In New York, you can be charged with drunk driving if you are caught driving with a blood-alcohol concentration of .08% or lower if you drive a commercial vehicle or are under the legal drinking age. If you reside in New York but find yourself facing DWI/DUI charges in another state, you might find yourself overwhelmed in a sea of state statutes and intricate variation in potential outcomes.

Drivers License Compact


New York is one of 44 states that comply with an agreement with other states called The Non-Resident Violator Compact (NRVC) . This agreement requires that the Department of Motor Vehicles department in the state of an accident or citation to report those infractions to a driver's home state for consideration. This could result in points or rising insurance premiums, not to mention facing charges or license revocation in both states.

DWI Penalties


Depending on the circumstances and results of the DWI incident, you could be charged with a misdemeanor or a felony. Some of the factors that can determine the severity of the charges include:
  • Your blood alcohol concentration
  • Previous DWI convictions 
  • Damage caused by the incident 
  • Personal injury/death caused by the incident

If it is your first conviction and you didn't cause any damage to person or property, you will likely be charged with a misdemeanor, which involves a suspension of your license for at least 6 months and a minimum fine of between $500-$1,000. You may also face jail-time.
Out-of-State/In-state Drivers

If you live out-of-state and are charged with a DWI in New York, your home state will be notified of the charge and you will face the penalties that your state incurs for driving while intoxicated as well as damages or injuries that occur as a result of your intoxication. You may also become a defendant in a criminal or civil court case.

Even if you find yourself facing charges or an impending court case, you are not without options. Don't plead guilty to charges out of fear or the desire to settle.
Need Help With Your DWI Arrest Charges or facing a DWI charge in New York or out of state?

If your arrest occurred in Westchester County, NY, contact our DWI lawyers at this office:
Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

If your arrest occurred in Queens, NY, contact our DWI lawyers at this office:


Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770

If your arrest occurred in Long Island, NY, contact our DWI lawyers at this office:
Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604

Tuesday, January 31, 2017

When Can You Fight DWI Charges?



Drunk drivers who are pulled over and charged with a DUI in the state of New York can expect to pay a hefty fine and be subject to severe consequences. New York's STOP-DWI law is one of the most aggressive drunk driving enforcement and prosecution program in the country. It sets mandatory fines, surcharges, license suspension terms and jail sentencing guidelines to be applied in drunk driving cases.

If convicted of a DWI, your out-of-pocket costs alone will cost you thousands of dollars, but you will also risk losing your freedom if you are sentenced to any jail time. Mandatory loss of your license means that:
  • You will likely have difficulty getting back and forth to work
  • Risk losing your job 
  • Your insurance rates will also go through the roof

Obtaining a job in the future may also be hampered with a DWI on your record, as many employers perform background checks on prospective employees. Whenever possible, it is in your best interest to fight DWI charges, especially if your BAC is below 0.08 percent or if you are a first-time offender. Read more here for reasons to save your license.

Why Does BAC Matter?


Everyone makes mistakes; however, driving while under the influence is a serious mistake because you put not only your life at risk, but the lives of others. Between 2003-2012, 3,752 people were killed in crashes involving a drunk driver in New York. If you have a blood alcohol content (BAC) of under 0.08, but more than 0.05 and less than .07, you can be charged with a DWAI, which has lesser penalties than a DWI. Sometimes it is possible to plead a DWI, if your BAC is over 0.08 down to this lesser charge also.

Why Should You Fight?


The problem is that even if you have a low BAC and receive a DWAI, in the event that you are pulled over for a subsequent drunk driving offense in the future, you will still be penalized as a repeat offender. You will be subject to increased fines, longer time for license revocation and risk a greater chance of serving prison time.

There is no guarantee that fighting a DWI charge will result in getting a charge dismissed or downgraded to a lesser charge. However, there is a burden on the prosecution to prove that you are guilty, and often, there may be circumstances that make their case against you weak. Therefore, it is in your best interest to fight DWI charges when possible to protect your finances and livelihood.


Need Help With Your DWI Arrest Charges?
If your arrest occurred in Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

If your arrest occurred in Queens, NY, contact our DWI lawyers at this office:

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770

If your arrest occurred in Long Island, NY, contact our DWI lawyers at this office:

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604