When you are facing DWI charges in Utica, NY, it can feel incredibly overwhelming. You may be worried about losing your license, paying large fines, or even going to jail. An experienced criminal defense attorney in Utica can examine the circumstances of your arrest and make sure your rights are protected, trying to achieve the best outcome possible for you.
Our team understands how stressful this can be and is ready to guide you through each step of the legal process. If you have questions or need help with a DWI charge in Utica, New York, we’re here for you. Contact Passalacqua & Associates, LLC to schedule a free consultation with a Utica DWI lawyer at (315) 500-6425.
Being charged with DWI in Utica, NY, is a lot more serious than a lot of people realize. In these cases, professional help from a criminal defense lawyer is essential. With a combined 30 years of experience, the skilled trial lawyers at Passalacqua & Associates, LLC will fight for your rights and guide you through the legal process to ensure a just outcome for your criminal defense case.
Here’s how our law firm can assist you:
DWI charges in Utica, New York, can be overwhelming, but a lawyer who knows how to handle these cases can make the situation a lot less stressful. Contact Passalacqua & Associates, LLC today to schedule a consultation with a Utica DWI lawyer.
When you’re arrested for driving while intoxicated in the state of New York, the specific section of the statute you can be prosecuted under will depend on your blood alcohol content (BAC), your criminal history, and other factors.
Below are some common New York DWI laws you should know:
This charge applies if your BAC is at least .08. Police officers usually rely on breath or blood tests to measure your level of intoxication. This is known as a per se DWI because even if you don’t seem or feel impaired, you can still be arrested and convicted if your BAC is .08 or higher.
If your BAC is .18 or above, you may be charged with an aggravated offense, which can carry heavier penalties than a standard DWI.
This offense involves driving under the influence of drugs. Officers may use drug recognition experts or blood tests to determine if you’re impaired by substances other than alcohol.
If you have a child under 15 in the car at the time of the DWI stop, the charge automatically increases in severity, often leading to a felony offense.
When you have a recent DWI conviction on your criminal record, a new DWI can be treated as a felony, which can lead to harsher penalties.
People under 21 can face legal consequences if they have any measurable alcohol in their system.
If you’re dealing with any type of DWI-related charge, it’s important to stay informed and reach out to DWI attorneys as soon as possible.
When you face a DWI charge in Utica, the penalties can vary quite a bit depending on the circumstances and your criminal history.
Below are some of the penalties you can face based on the specifics of the offense.
These charges can have lasting effects, so if you’re facing a DWI or related offense in Utica, it’s important to consult a DWI defense attorney as soon as you can.
When you’re pulled over and charged with DWI in New York, it’s easy to feel like you have no options. However, the law allows certain defenses that could weaken the prosecution’s case.
Below are examples of some approaches that attorneys may use:
An officer must have a good reason to stop your vehicle in the first place. If you were obeying the traffic rules and there was no clear violation, the evidence collected afterward might be ruled inadmissible, meaning it can’t be used against you. This can include the results of field sobriety tests or breath tests.
Officers often rely on tests like the walk-and-turn or one-leg stand during a DWI stop. These tests can be influenced by factors such as the road surface, weather conditions, or your own medical history. If the tests weren’t administered correctly or there’s a good reason for why you didn’t do well on these tests, that might undermine the case against you.
A defense lawyer might claim that the results of a breath or blood test aren’t reliable. They could argue that the breathalyzer wasn’t calibrated or that the officer didn’t adhere to proper procedures. Blood tests can also be challenged if the samples were stored or handled incorrectly. Either issue can raise doubts about whether the results are reliable.
Certain medical conditions, like acid reflux or diabetes, can interfere with breath test readings. Medications or exhaustion can also mimic signs of intoxication. If these circumstances apply, they might explain unusual test results or behaviors.
Your BAC can increase between the traffic stop and when you actually take the test. This happens if you had a drink shortly before driving, and it hadn’t yet affected you at the time of the stop. Your attorney might argue that the level of alcohol in your system was lower while you were actually driving.
Defending a DWI charge can be a complicated process, especially if you have little experience with the criminal justice system. If you’re facing these allegations, talking to a lawyer about possible strategies is the most important step you can take.
Dealing with a DWI arrest in Utica can be stressful, but it’s important to know there are options for protecting your rights and your future. By understanding the charges and what steps to take, you give yourself a better chance of a successful outcome.
If you’re uncertain about the next steps, a Utica criminal defense attorney can look at your circumstances and explain your choices. Legal representation is available so you can focus on getting your life back in order. Contact Passalacqua & Associates, LLC to schedule a initial consultation with a Utica DWI lawyer.
Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
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.