Have you been charged with driving while intoxicated in Syracuse, NY? A DWI conviction can have a major impact on your life. You could face fines, jail time, and a license suspension. At Passalacqua & Associates, LLC, we can help. Contact a Syracuse DWI attorney today at 315-500-6425 for a free consultation.
The team at Passalacqua & Associates, LLC has over 50 years of combined experience. Our work includes defending countless Syracuse residents in DWI cases. Although common, DWI cases can be extremely stressful. That’s why we prioritize our clients’ needs to help them through the criminal court process.
The first step in your DWI case is to get in touch. Call us today to schedule a free case evaluation.
Our lawyers will immediately jump into action after you are arrested for a DWI in Syracuse, New York. A Syracuse criminal defense attorney at Passalacqua & Associates, LLC will help you get out, and stay out of jail. If you are convicted, we will fight for a lenient sentence.
When clients reach out to us after a DWI charge, we will:
Members of our legal team have been recognized by The National Trial Lawyers, Expertise.com, and Avvo for their achievements.
We are prepared to go to trial and argue your DWI defense in front of a jury. Our priority is to protect you from the consequences of a DWI conviction and ensure your due process rights are protected. Call our law office to schedule a free case evaluation with a Syracuse DWI lawyer today.
DWI stands for driving while intoxicated. New York also recognizes a lesser included offense called driving while ability impaired or DWAI.
DWI means that a driver has a blood alcohol content of .08 or higher. The limit for a commercial driver is .04, and for a person under 21, it is .02. A BAC can be tested using a breathalyzer or a blood test.
DWAI is a lesser included offense of a DWI. This means that the person is driving while impaired by alcohol, even if their BAC is below .08. Evidence of impairment could include:
Police will often administer field sobriety tests to gather evidence of impairment and intoxication. They may use the field sobriety tests as evidence in both DWI and DWAI cases.
There are several common types of DWIs in Syracuse. Each charge requires a different approach and has different elements and penalties.
An aggravated DWI can be either a misdemeanor or a felony, depending on the aggravating factors. Two situations warrant an aggravating DWI charge. The first is having an elevated BAC of .18 or higher. This is a misdemeanor charge for a first offense.
The second is driving with a child under the age of 16 in the car. This is a felony charge. It can become even more serious if the child is injured in a drunk driving accident.
Subsequent DWI charges are taken very seriously in Syracuse. These cases are usually charged as felonies. The charge can be more serious with more prior DWI convictions on your record. Furthermore, it is more serious the less time that has passed between the convictions.
A commercial vehicle driver can get a DWI for having a BAC of .04 or more, The limit is lower than for other types of DWIs because driving a commercial vehicle is much more difficult than a car. Furthermore, truck accidents tend to be very serious.
New York has a zero-tolerance law. Under this law, underage drivers with a BAC of .02 or higher can get into trouble.
If the BAC is between .02 and .05, the DMV will generally handle the case administratively instead of the criminal court. If the BAC is .05 to .07, the driver will face a DWAI. If the underage driver has a BAC of .08, they can be convicted of a DWI.
The penalties for a DWI in Syracuse depend on the charge. Furthermore, the penalties can vary widely depending on the facts of the case. Generally, people who get into an accident or injure another person while intoxicated face more significant penalties.
The penalty for a first offense of DWI is up to one year in jail and a 6-month license suspension. Additionally, there is a fine between $500 and $1,000, and some people may be ordered to install an ignition interlock device in their car.
A second DWI within 10 years is a felony that can carry up to 4 years in prison. If the DWI was within 5 years, then there is a mandatory 5 days in jail or 30 days of community service. The license is revoked for at least 1 year, and there is a fine between $1,000 and $5,000.
A third DWI can result in up to 7 years in prison, and if it occurs within 5 years of the prior conviction, a mandatory 10 days in jail or 60 days of community service. You will also be ordered to complete a mandatory alcohol evaluation and face a fine between $2,000 and $10,000.
An aggravated DWI for an elevated BAC is a misdemeanor that carries up to 1 year in jail and a $1,000 – $2,500 fine. An aggravated DWI for having a child under 15 in the car is a felony that carries up to 4 years in prison for an uninjured child. If the child is hurt or killed, it can carry up to 25 years in prison.
A CDL DWI can have a significant impact on your license. For a first offense, you can have your license revoked for at least 1 year. Second or subsequent convictions can result in a permanent CDL revocation. This is in addition to the other penalties for a regular DWI.
An underage driver may face traditional DWI or DWAI penalties for a BAC of .05 or higher. However, if they have a lower BAC, then they will be ordered to a DMV hearing and usually face a license suspension and civil penalty.
Defending DWI cases is tricky because these cases are highly technical. If the police determined your BAC through a breath or blood test, this type of evidence can seem insurmountable at first. Luckily, it’s not. An experienced Syracuse DWI lawyer will understand how to fight against the evidence even when it seems that you don’t have a defense.
There are many defenses that you can raise if you are accused of a DWI in Syracuse. The best defense in your case depends on the facts. The most common defenses often include:
Some of these defenses can be raised during pretrial motions. The result may be a dismissal or exclusion of valuable evidence. For example, you might raise the issue of an unconstitutional stop during a pretrial motion to suppress. If you win, it could mean that the resulting evidence is excluded, and the prosecutor can’t prove their case.
Ultimately, the prosecution must prove that you are guilty of the DWI beyond a reasonable doubt. This means that there is no reasonable alternative explanation from the evidence except for a DWI. If the prosecution fails to produce enough evidence for a conviction, you cannot be found guilty.
The defendant is not obligated to produce any evidence. However, if you raise certain defenses, it may be helpful. For example, if you argue that there is an alternate reason for the appearance of intoxication, such as a medical condition, you may call your doctor as a witness or admit medical records. This type of evidence can strengthen your defense.
You should expect that the police and prosecutors will work diligently to collect evidence against you. The most effective way to defend yourself is to immediately start your defense. The more time you waste, the more likely you are to get convicted.
A Syracuse DWI lawyer at Passalacqua & Associates, LLC is ready to help. Call us to schedule a free case evaluation and learn more about our lawyers and your rights.
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Passalacqua & Associates, LLC proudly serves clients in Utica, Syracuse, and the surrounding upstate New York communities. We are dedicated to providing accessible and effective legal services to those in need of experienced personal injury and criminal defense representation within these regions.