DWI Lawyers Serving Syracuse, NY
Have you or a loved one been charged with a DUI or DWI? You may be confused about or unaware of your legal options. DUI/DWI is considered a criminal traffic offense and carries much more severe penalties than a simple traffic violation.
Depending on a person’s prior driving record and other circumstances, driving while intoxicated or with ability impaired by drugs or alcohol can lead to a misdemeanor or felony charge. Penalties may also be substantially higher if another person sustained injuries as a result of an accident caused while you were driving impaired.
Facing a DWI charge and the consequences if convicted can be both traumatic and challenging. You could face the possibility of your license being suspended or even time in jail. Having a DWI on your driving record could potentially cause you to lose your job, especially if driving is a requirement for your job. It could also potentially cause problems if your employer self-insures any of the company vehicles that you may have to drive as part of your employment.
We will provide a voice of reason and the strength of experience as your DUI/DWI defense attorneys. We will listen to your side of the story and review the details in order to build a strong defense against these charges.
What is the Next Step After You’ve Been Charged With a DWI?
You may have previously consulted with a criminal defense lawyer regarding your DWI offense case but still do not feel that you will receive a strong, aggressive representation on your behalf. Passalacqua & Associates, LLC can provide you with the experience and knowledge that you need. Our main goal is to assist you in avoiding a DWI conviction and a criminal record. We are highly qualified to effectively guide you through every aspect of your DWI case.
Our DWI lawyers have a proven track record in handling cases such as these. Our years of experience make us the first law firm that you should call when you need help with DWI charges. We also have the advantage of having former DWI prosecutors on staff who are prepared to fight for your rights.
Can I Refuse to Take a Breathalyzer Test in New York?
Under New York State law, driving is considered to be a privilege rather than a right. For this reason, the courts have ruled that if an individual is arrested on suspicion of drunk driving, they are legally obligated to submit to a breath test in order to determine their blood alcohol content (BAC).
If you make the decision to refuse the breathalyzer, you will automatically face severe consequences. These consequences include losing your driver’s license for one year, paying additional fines, and still being charged with DWI.
New York state law dictates that the arresting officer must make it clear to you that if you refuse the test, your driver’s license will be revoked. By law, police are required to read this from a prepared script and then repeat it. If this procedure is not followed, it may be possible for you to regain your driving privileges and perhaps even have your charges dismissed.
There are some other important procedures that law enforcement officers must follow in regard to DWI testing. For example, your BAC must be measured within two hours of the time you were arrested. During that period of time, you must be permitted to contact an attorney. However, this request has to be made specifically by you. If the time period of two hours has passed or you were prevented from receiving legal advice from an attorney, then your refusal to submit to the test may be thrown out of court completely.
What Are the Penalties for a DWI Conviction in New York?
Prosecutors take drunk driving charges very seriously in New York. Consequently, a DWI lawyer must be aggressive in order for clients to avoid license suspensions or hefty fines.
Aggravated DWI: If you have been charged with Aggravated DWI, your blood alcohol content (BAC) was 0.18 or more. Potential penalties for aggravated DWI can include:
- Up to one year in jail and a fine of no less than $1,000 and a maximum of $2,500
- A one-year license revocation
- A term of three years’ probation
- Blood alcohol content (BAC) of 0.18 or more, Up to one year in jail
- Probation for up to three years
Other non-criminal penalties include a $395 surcharge in court and a $250 per year assessment through the DMV for a period of three years.
Leandra’s Law: If you are found to be in violation of Leandra’s Law, you can face even steeper fines and penalties. This law states that if you are convicted of operating a car or other motor vehicle while intoxicated and transporting a child, you are guilty of a Class D felony.
Consequently, defendants found guilty face up to four years in state prison and a fine that ranges between $1,000 to $5,000. In addition, the individual will have to have a mandatory ignition interlock device installed in their vehicle for a term of at least six months.
If arrested and charged with this offense, your driver’s license will automatically be suspended pending prosecution. If found guilty, your name will be reported to the Statewide Central Register of Child Abuse and Maltreatment, and your license will be suspended for a minimum of twelve months. Regardless of your previous criminal record, both first-time and repeat offenders are charged with a Class E felony under this law.
What Should I Expect With Passalacqua & Associates, LLC as My DWI Attorneys?
As your DWI attorneys, we will work hard to achieve a favorable outcome for you. We will listen to your story and inform you of your legal rights. Additionally, we will thoroughly investigate and analyze the evidence against you. Our investigation will help us determine the best possible defense, so we can aggressively represent you with every legal resource available throughout your case.
Passalacqua & Associates, LLC is extremely detail-oriented when it comes to the investigation of facts and evaluation of evidence. Our DWI lawyers in Syracuse, NY, are highly experienced in all areas of DWI litigation. Presenting a strong DWI defense is key to being able to obtain an outcome that is fully favorable to you.
We always maintain due diligence in our effort to provide each of our DWI clients with the highest standard of legal representation. You will have no less than two and, in some cases, three or four attorneys on the legal team assigned to your case and fighting for your rights.
The law firm of Passalacqua & Associates, LLC is committed to making every effort to successfully resolve your legal situation in the best manner possible.
As your attorneys, we will diligently defend your case and fight to ensure your legal rights are protected, so we may resolve your case successfully. We will:
- Challenge the findings of the breath sample or blood alcohol content levels
- Negotiate to have your charges dropped or dismissed
- Negotiate to have your charges reduced
- Negotiate for a diversion program (when available)
- Negotiate for probation instead of jail or prison time
- Aggressively defend your legal rights when a trial is unavoidable
If you or a loved one has been accused of an impaired driving offense such as DWI, or DWAI due to drugs, we urge you to proactively ensure your legal rights are protected by contacting an experienced New York DWI defense attorney at Passalacqua & Associates, LLC as soon as possible.
Can I Trust and Depend on Your Professional Legal Services to Successfully Defend my DWI Case?
If you have been arrested and charged with a DWI, you cannot afford to take your legal rights lightly. Your rights are guaranteed, and Passalacqua & Associates, LLC considers it an honor to protect those rights by providing trustworthy and dependable professional legal services.
DWI law can be confusing and hard to navigate on your own. If you have been accused of repeat offenses, then DWI litigation becomes even more complex. You do not want to leave your future up to chance. You need experienced DWI lawyers who understand drunk driving charges and are committed to getting you the best possible outcome that is favorable to you.
We are trained in the latest courtroom and trial presentation techniques and are ready to put our skills to work for you. Do not wait to get the representation you deserve. Contact Passalacqua & Associates, LLC today at 315-500-6425 and schedule a free strategy session with a DWI lawyer who is well-versed in traffic law. We can explain your legal rights and options as well as provide a free strategy session. Your future, driving privileges, and employment are too important to leave to chance. Because DWI is considered to be a crime, you need a strong DWI defense attorney who will stand by your side until the job is done.