New York DWI Lawyer

Welcome

If you are arrested for DWI / DUI or DWAI (Driving While your Abilities are Impaired) in New York, you can lose your license and your car before setting foot in a courtroom. A conviction may lead to a difficult combination of jail, a permanent criminal record, fines, extensive alcohol treatment, the permanent loss of your car, and license revocation. Depending on your DWI case, you may have three separate legal actions simultaneously pending against you. The first and most obvious is the criminal prosecution in which the State of New York is seeking to convict and sentence you. The second is a vehicle forfeiture action that could deprive you of your automobile. Thirdly, the DMV may start proceedings to suspend your license. The sooner you speak with a knowledgeable DWI attorney, who knows how to handle the many facets of a DWI case, the sooner your DWI case can be evaluated and a successful strategy can be established.

Taking immediate action and aggressive representation are the hallmark of Mr. Fletcher's DWI defense efforts. Because Lance Fletcher is a former Manhattan DWI prosecutor, he knows exactly how the system works and how to get the results that you need.

Being pulled over for a DWI can be a surprising, stressful, and embarrassing experience. Our clients often remark that it was one of the worst days of their lives. Although this is a natural reaction to being arrested, you must keep your rights in mind. You are innocent until the state proves your guilt beyond a reasonable doubt. You have the right to speak to an attorney and when you speak with Mr. Fletcher, you can rest assured that your case will be competently handled by a leading attorney in DWI law.

DWI Penalties

The first law against drunk driving was passed in the State of New York in 1910. Afterwards, other states passed similar laws. The early laws did not indicate a maximum blood alcohol level or specify any procedure for testing coordination. They generally prohibited drunk driving, and police officers and judges were left to enforce the law as they saw fit. Starting in 1938, a maximum BAC (Blood Alcohol Concentration) was set at 0.15%. In 1966 it was lowered to 0.10% and to 0.08% in 2003. Each new limit was accompanied with new scientific research suggesting that people just under the limit would be able to drive reasonably well. Interestingly, emerging research suggests that driving with a BAC of 0.08 is about as likely to result in an accident as driving while talking on a cell phone, yet the former is subject to much greater penalties.

Did you know, you can be arrested for driving UNDER the limit of 0.08%? You can be arrested and charged with Driving While Intoxicated even if you are under the limit if the arresting officer thinks that, based on the circumstances, you are intoxicated. These circumstances may include allegations of bad driving, an odor of alcohol, red and/or watery eyes, or slurred speech. If you are under the 0.08 limit, you could also be charged with Driving Under the Influence which is sometimes called "driving while buzzed.". You can also be charged with either DWI or DUI even if you are under the influence a non-alcoholic substance.

Today, DWI & DUI enforcement has never been stricter. There are enhanced penalties for driving with a very high BAC (aggravated DWI - 0.18 or higher) and you can be charged with a felony if you have a prior DWI conviction (even from out-of-state). You can also be charged with a felony if you are driving while intoxicated for the first time and minor children are present during the alleged offense (Leandra's Law). Whether you are pulled over during a "routine" traffic stop, stopped at a checkpoint, or otherwise accused of driving while intoxicated, you may be asked to submit to a breathalyzer test on the side of the road and/or at a police precinct. Additionally, you may be asked to perform a coordination test in front of a video camera. If you refuse to take these tests, you may face an automatic license suspension and the fact of your refusal may be offered as evidence against you. The subsequent prosecution may result in a combination of incarceration, a criminal conviction, license revocation, and the permanent loss of your car.

Our DWI Services Include:

DWI Misdemeanors

• V.T.L. § 1192.2-a - Aggravated DWI - 0.18 or more
• V.T.L. § 1192.2 - DWI - Over 0.08
• V.T.L. § 1192.3 - DWI - Common Law / Refusal Cases
• V.T.L. § 1192.1 - DWAI - Driving While Abilities Impaired
• V.T.L. § 1192.4 - DWAI by Drugs
• V.T.L. § 1192.4-a - DWAI Combined Influence of Drugs and Alcohol

DWI Felonies

• V.T.L. § 1192.2 - DWI - Second Offense - Felony
• V.T.L. § 1192.3 - DWI - Second Offense - Felony
• V.T.L. § 1192.4 - DWAI by Drugs - Second Offense - Felony
• V.T.L. § 1192.4-a DWAI Combined Influence - Second Offense - Felony
• V.T.L. § 1192.2 - DWI - Third Offense - Felony
• V.T.L. § 1192.3 - DWI - Third Offense - Felony
• V.T.L. § 1192.4 - DWAI by Drugs - Third Offense - Felony
• V.T.L. § 1192.4-a DWAI Combined Influence - Third Offense - Felony
• Zero Tolerance Law
• Leandra’s Law
• Second Zero Tolerance Law Violation
• Refusal Cases
• DMV Hearings
• Vehicle release proceedings
• License suspension hearings
• Conditional / Hardship License Assistance

We Handle Cases in:

Manhattan, Brooklyn, Queens, The Bronx, Staten Island, Nassau County, Suffolk County, Westchester, and in many other New York State courts.

The information contained on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. This is attorney advertising. Past performance does not guarantee future results.