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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

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

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