DUI / DWI Attorney Monticello | Scott Russell Law

Monticello DUI / DWI Defense Attorney

Seeing a police cruiser’s lights flash on behind you can make your heart sink, but if you’re seeing this when you’ve just left an event where you consumed alcohol, it’s even worse. First you might wonder if you’re actually intoxicated, and then you’ll probably proceed to panic. When you find yourself facing DUI charges, an experienced New York DUI defense attorney can help.

The Law

A DUI defense relies on looking beyond just the basics, the most critical of which is your blood alcohol content at the time you’re stopped —.08 percent is the legal limit in New York. Unfortunately, DUI cases can get complicated from here. You can also be charged with a DWAI in New York, which means driving while your ability is impaired by alcohol. You’re impaired under New York law when your BAC reaches just .05 percent.

Although state laws can vary in the finer details, a successful DUI conviction requires that the prosecutor establishes two facts in court:

You were driving a vehicle.
You were under the influence of alcohol or impaired by alcohol at the time you were stopped.

If enough of a gray area exists with regard to either one and if your motor vehicle Monticello NY defense lawyer can use this to your advantage, the case may not be a slam dunk win for the state. This isn’t to say that your DUI will go away if you were legally over the limit, but it’s possible that a good lawyer might negotiate a lesser charge if the prosecutor knows you have a viable argument.

Casting Doubt

Many possible defenses hinge on casting doubt on what the arresting officer is likely to testify to if the case goes to court:

You “flunked” the field sobriety test because you suffer from a disability or because the officer didn’t clearly explain what he wanted you to do.
The officer didn’t actually see you driving. Maybe he approached you when your vehicle was parked.
If the officer pulled you over on the roadway (this requires probable cause), your New York DUI attorney can ascertain whether the arresting officer did indeed have cause based on the records from your arrest.
The arresting officer’s testimony and his reports are subjective — they’re largely based on his interpretations and personal feelings. Your attorney can provide evidence as to why his subjective opinion is in error. Maybe your eyes were bloodshot because you were suffering from allergies on a hot, dry August night. Perhaps a witness can refute the officer’s opinion. Or maybe the officer’s dash cam or your own can provide proof that you actually mastered that field sobriety test, so there was no cause to subject you to a breathalyzer.

There are many defensive angles an experienced DUI attorney can take. Attempting to face DUI or DWAI charges on your own can have drastic results if you are unsuccessful. NY drunk driving laws provide that a DWI NY first offense can result in a fine ranging from $500 to $1,000, jail time of up to a year and a minimum six-month revocation of your driver’s license. Don’t take the chance.

Call Scott Russell Law for a free consultation if you’ve been charged with driving under the influence or driving while impaired. Just because you see those cruiser lights flashing behind you doesn’t always mean life as you know is over. A former prosecutor, Scott Russell is highly experienced and can help you handle any legal matter. Call 845-741-3331 so we can help you fight back and minimize the damage of any NYS traffic violation.

Below is a list of offenses and their related penalties:

Violation	Mandatory Fine	Maximum Jail Term	Mandatory Driver License Action
Aggravated Driving While Intoxicated (AGG DWI)	$1,000 – $2,500	1 year	Revoked for at least one year
Second AGG DWI in 10 years (E felony)	$1,000 – $5,000	4 years	Revoked for at least 18 months
Third AGG DWI in 10 years (D felony)	$2,000 – $10,000	7 years	Revoked for at least 18 months
Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)	$500 – $1,000	1 year	DWI – Revoked for at least six months DWAI-Drugs -Suspended for at least six months
Second DWI or DWAI-Drug violation in 10 years (E felony)	$1,000 – $5,000	4 years	Revoked for at least one year
Third DWI or DWAI-Drug violation in 10 years (D felony)	$2,000 – $10,000	7 years	Revoked for at least one year
Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination)	$500 – $1,000	1 year	Revoked for at least six months
Second DWAI-Combination in 10 years (E felony)	$1,000 – $5,000	4 years	Revoked for at least one year
Third DWAI-Combination in 10 years (D felony)	$2,000 – $10,000	7 years	Revoked for at least one year
Driving While Ability Impaired by Alcohol (DWAI)	$300 – $500	15 days	Suspended for 90 days
Second DWAI violation in 5 years	$500 – $750	30 days	Revoked for at least six months
Third or subsequent DWAI within 10 years (Misdemeanor)	$750 – $1,500	180 days	Revoked for at least six months
Zero Tolerance Law	$125 civil penalty and $100 re-application fee	None	Revoked for one year or until age 21
Second Zero Tolerance Law	$125 civil penalty and $100 re-application fee	None	Revoked for one year or until age 21
Chemical Test Refusal	$500 civil penalty ($550 for commercial drivers)	None	Revoked for at least one year, 18 months for commercial drivers.
Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal	$750 civil penalty	None	Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.
Chemical Test Refusal – Zero Tolerance Law	$300 civil penalty and $100 re-application fee	None	Revoke for at least one year.
Chemical Test Refusal – Second or subsequent Zero Tolerance Law	$750 civil penalty and $100 re-application fee	None	Revoked for at least one year.
Driving Under the Influence (Out-of-State)	N/A	N/A	Revoked for at least 90 days. If less than 21 years of age, revoked at least one year.
Driving Under the Influence (Out-of State) with any previous alcohol-drug violation	N/A	N/A