Secure A Strong DWI Defense Lawyer James Egan
Facing a DWI can turn your world upside down. Everyone makes mistakes, but one lapse in judgment or unfair arrest doesn’t have to ruin the rest of your life. If you’ve been charged, you need a DWI lawyer who will fight vigorously on your behalf.
Attorney James Egan is ready to step up for your defense. He can help whether it’s your first offense or you have multiple prior DWIs. He offers strategic and aggressive criminal defense with the unique insight of a former prosecutor. With over 15 years of experience in the legal field and thousands of criminal cases under his belt, attorney Egan has earned a spot among the Top 10 Criminal Defense Attorneys for Rochester in 2024 by TrustAnalytica.
New York DWI/DWAI Charges Explained
In New York, DWI (driving while intoxicated) and DWAI (driving while ability impaired) charges can carry significant penalties. DWI/DWAI offenses may result in fines, license suspension and even jail time, depending on the situation and number of prior offenses.
A first-time DWI offense typically results in a misdemeanor charge, but repeat offenses within 10 years can escalate to felony charges, resulting in more severe consequences. Additionally, driving with a BAC of .18% or higher could be charged with an aggravated DWI.
Beyond the legal penalties, a DWI/DWAI conviction can affect every aspect of your life. You could face employment challenges, strained personal relationships, financial struggles and skyrocketing insurance premiums. The shadow of a conviction can linger for a long time after you’ve completed your sentence.
Crafting Your Defense Against DWI/DWAI
Every DWI/DWAI case has its own set of facts and potential defenses. Attorney Egan will examine each angle to build a strong defense. Potential defenses include:
- Lack of evidence
- Faulty Breathalyzer results
- Inaccurate blood tests
- Illegal traffic stops
- Lack of probable cause
- Other constitutional violations
Attorney Egan knows what to look for when challenging these charges. When you work with him, you can rest assured that your rights are in capable hands.
Frequently Asked Questions About DWI
Below are some common questions about these charges. Reach out to attorney Egan for more information.
What constitutes a DWI?
In New York state, the blood alcohol limit is .08%. This means you cannot operate a motor vehicle with a blood alcohol level of .08% or higher as tested by either a Breathalyzer machine or a blood chemical test.
Additionally, New York also has what is referred to as “common law DWI.” This law prohibits a person from operating a motor vehicle in an intoxicated condition regardless of whether there is chemical evidence of the person’s blood alcohol level. The type of evidence used in these cases includes field sobriety tests, observations made by the police officer and the way the person is driving.
Finally, it is also against the law to operate a motor vehicle while under the influence of drugs. This includes any controlled substances, regardless of whether the person has a prescription for the substance.
What are the charges associated with a DWI?
These charges include:
- Misdemeanor DWI
- Aggravated DWI – Blood alcohol level of .18% has some increased punishments
- Felony DWI – New DWI arrest with a prior conviction within 10 years
- Driving While Ability Impaired by Drugs
- Aggravated Unlicensed Operation 1st – DWI while license is suspended or revoked
Are there other punishments, such as community service or treatment?
Yes – the potential punishments could include fines, probation, community service, weekends in jail, substance abuse treatment, and/or jail time. Some counties also have specialty courts that may be available such as drug court or DWI court.
What happens if you cause injury or death while driving intoxicated?
You could be charged with a more serious offense such as vehicular assault or manslaughter.
How does child endangerment play into a DWI charge?
Under New York state’s Leandra’s Law, a person who commits a DWI with a child under the age of 16 is charged with a felony-level DWI and is subject to increased potential punishments.
What happens to your driver’s license after a DWI?
If you refuse to take a chemical test, your license will be suspended pending prosecution of the case. You are entitled to a refusal hearing which is heard at the DMV. You should contact an attorney to help conduct the refusal hearing.
If you take a chemical test and the result is .08% or greater, your license will be suspended pending prosecution of the case. It may be possible to get a conditional license that permits you to drive to work. You should contact an attorney to draft an application to the court.
At the conclusion of your case, your license may be suspended or revoked for a period of time if you are convicted. The length of time depends on what level of offense you are convicted of.
Reclaim Your Life With A Strong Ally By Your Side
Given the far-reaching potential impact of DWI/DWAI charge, it’s wise to enlist the legal ally you need to mount a strong defense. Attorney James Egan is ready to stand up for you in both criminal proceedings and administrative proceedings impacting your driver’s license.
Reach out to James Egan Law at 585-510-5101 to start on the path to reclaiming your life.