Brooklyn DWI / DUI Defense Attorney
Brooklyn DWI cases are prosecuted aggressively by the Kings County District Attorney's Office. As one of the more dense parts of New York City, the DA is under considerable pressure to make an example out of DWI defendants in an effort to generally discourage drinking and driving. Fortunately, police officers make mistakes, breathalyzers and blood testing are often done incorrectly, and medical conditions can make you seem intoxicated when you aren't. Our DWI and DUI defense efforts are directed at taking advantage of police and court error to effectively advocate for the best possible outcome. If we can't get your case dismissed, we will fight to reduce the penalties and avoid a criminal record.
Were you or a loved one arrested for DWU or DUI in Brooklyn? An arrest can lead to immediate loss of your privileged to drive and your car. Any conviction could lead to a permanent criminal record or worse. If convicted, DWI penalties can be very harsh, even if it's a first arrest.
Call us at 212-619-3900 to schedule a confidential case evaluation.
The Brooklyn DWI Process
If you've been arrested for DWI or DUI in Brooklyn, you could/build/full/site face a criminal prosecution in which the District Attorney is trying to give you a criminal conviction with criminal penalties, a separate civil action in which the NYPD is trying to keep your car, and a possible DMV administrative action in which the New York DMV is trying to suspend your license to drive. The first court date is your arraignment. This is when you see a judge for the first time after the arrest. The arraignment is a critical stage in your case because the arraignment judge can set bail, take your license, or force you to get evaluated for an alcohol or drug abuse disorder. If you plead guilty at the arraignment, you could get sentenced to up to a year in jail, license suspension, and you could get a permanent criminal record. Generally, a guilty plea can't be undone so it is important to have an experienced DWI attorney by your side. If your case is not resolved at the arraignment, your case will be adjourned (given another court date) and your attorney can obtain the police reports, chemical test reports, calibration record, and other records that will be important to your case. Lawyer, your DWI attorney can negotiate with the Kings County (Brooklyn) District Attorney to get your charges reduced or dismissed. If an agreement cannot be reached, you generally have the right to fight your case at a bench or jury trial.
In Brooklyn, you may be ordered into alcohol treatment in connection with your DWI or DUI case. This is often through a Treatment Alternatives for Safer Communities (TASC) provider. If you meet their eligibility criteria, a TASC manager will suggest treatment which the judge and prosecutor may incorporate into the terms and conditions of your case. TASC can be a good thing or a bad thing depending on what you are trying to accomplish or prevent. It's important to remember that whether you do TASC is up to you unless it is part of your sentence and the risks and benefits of a TASC condition should be fully explored with your DWI Attorney.
Fighting a Brooklyn DWI Case
- How you were driving
- Whether you had slurred speech
- Whether your eyes were watery and bloodshot
- Whether you were steady on your feet
- Whether you smelled like alcohol
- Whether you admitted to drinking
- What your blood alcohol level was
None of these pieces of evidence necessarily means that you are guilty of anything. If you are tired or had one drink, that could explain why you had watery and bloodshot eyes. As for any "admissions" of drinking - a few drinks hours before you were driving isn't against the law if you were no longer affected by them when you were driving. Additionally, the breathalyzer must be properly calibrated before it can be used as evidence against you. A good DWI attorney knows how to advocate for you and urge the prosecutor to reduce or dismiss the charges.
Contact Us for a case evualuation
People often go to court and plead guilty right away without knowing what evidence, if any, the prosecutor has against them. By having a competent DUI Lawyer evaluate the prosecutor's case, you may be able to lower the penalties, reduce the charges, get part of the case dismissed, or get the entire case dismissed. Our DWI attorneys are former prosecutors and/or experienced defense attorneys who have years of experience fighting Brooklyn DWI cases including first arrest DWI, Felony DWI (second and third DWI arrest), and Leandra's law DWI cases (DWI with children in the car).
Brooklyn DWI cases are often complex and so the facts and circumstances of your DWI case may give your attorney an argument to get some or all of the charges dropped. Because convictions are permanent, you should fight the charges to maximize your chances of getting a favorable outcome. Contact us at 212-619-3900 for a case evualuation.