Suffolk County DWAI
The state of New York has serious consequences for DWAI and aggravated DWI offenses. For any arrest in New York including the Queens, the Bronx, Brooklyn and elsewhere throughout Suffolk County, these cases are aggressively prosecuted and this is a reminder of just how important it is to hire a criminal defender who knows the best way to pursue your defense. A DWAI charge is more serious than a traffic ticket, so you must take your case seriously immediately.
Because you were simply arrested for DWI it does not necessarily mean that you are going to be convicted. You can fight the charges even if you registered a BAC of 0.08 or higher on the breathalyzer test.
One of the most crucial things you could do to protect your future is to schedule a consultation immediately with an experienced Suffolk County DWAI defense attorney. Whether your case involves a refusal to take a test or a breath or blood test, you need to find a DWAI defense attorney in Suffolk County who is able to provide you with insight immediately about whether or not you have an ability to fight the charges.
The best possible result for your case will depend on the individual facts of your arrest but sharing these concerns immediately after that arrest has occurred and giving your Suffolk County DWAI defense lawyer the opportunity to evaluate the crucial components of your case is important.DWAI Versus DWI in New York
The primary charge for drunk driving is driving while intoxicated or DWI in New York. Your DWAI defense lawyer in Suffolk County may also refer to this as DUI since this is the term used in many other states. People in Suffolk County are arrested and charged with DWI if the police officer has probable cause to believe that that person is intoxicated or if a test has registered a BAC of 0.08 or higher.
A person can be considered intoxicate if their BAC meets or exceeds the level of 0.08 regardless of the effects alcohol has had on their body. A person can still face criminal charges even if a test has not shown a BAC of 0.08 or higher. A person can face charges for driving while ability impaired or DWAI if they have a blood alcohol content between 0.05 and 0.07.
While DWAI is typically classified as a less serious charge, it is not a crime and it is in fact a violation. While the penalties are less severe than for DWI, you should still respond by hiring a criminal defense attorney, since a DWAI conviction will result in you losing your license and you could even be facing time behind bars. If an officer suspects that the person pulled over for DWI has been using drugs, the individual can face DWAI charges as well. One of the most important things that can influence your case is reasonable suspicion for a stop. In many cases a DUI arrest in New York begins with a stop in which the police officer asks the driver to pull over. The exception could be if the officer arrives at the scene of the accident and suspects that one or more individuals is intoxicated. Police must have reasonable suspicion that an individual is committing a crime in order to pull him or her over.
This is an articulable set of facts that would lead an objective individual to believe that criminal activity is occurring. Police will often cite driving behaviors reasonable suspicion and may argue that the person was driving too fast, driving aggressively or weaving in and out of lanes. Officers, however, cannot use vague suspicions to give them grounds to make a stop. A DUI arrest that begins with a traffic stop in which an officer had no reasonable suspicion could lead to a suppression of the arrest and could lead to your entire case being thrown out.
Consulting with an experienced criminal defense attorney in Suffolk County is crucial if you find yourself in this situation. Furthermore, anyone with a commercial driver's license may face significant penalties as a result of being involved in an incident like this and you need to take your case seriously by retaining a knowledgeable lawyer.