DWI & DWAI Defense Attorney in the Finger Lakes Region of New York
Being charged with Driving While Intoxicated (DWI) or Driving While Ability Impaired (DWAI) is a serious offense that can affect your freedom, driving privileges, and future. At Renna Law Office, PLLC, we provide knowledgeable and aggressive defense for clients facing DWI and DWAI charges in the Finger Lakes Region of New York. Our experienced attorneys are committed to protecting your rights and helping you navigate the legal process with confidence.
DWI & DWAI Charges in New York
In New York State, you can be arrested for a variety of intoxicated driving offenses, including Aggravated Driving While Intoxicated, Driving While Intoxicated (DWI), Driving While Ability Impaired by Drugs (DWAI - Drugs), Driving While Ability Impaired by Alcohol (DWAI - Alcohol), and Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and Any Drug. Generally, in order for a person to be convicted of these offenses, the District Attorney's Office must prove that the person charged was operating a motor vehicle while their ability to operate such motor vehicle was impaired.
In the Finger Lakes Region of New York, there are many arrests made daily for DWI allegations. Those arrested are often people like you and me: law-abiding citizens. At Renna Law Office, PLLC., our DWI defense lawyer works hard to help you beat a DWI charge or to, at a minimum, get the best possible outcome in your unique situation. Contact Hanna M. Renna at (607) 233-0833 to learn more about how we will help you. In the meantime, here are some of the most commonly asked questions we get from our clients when we first meet them about their DWI charge.
What Is “Blood Alcohol Content” Level?
Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. It is calculated in grams per 210 liters of breath, and a BAC of 0.08 means there is 0.08% alcohol by volume. Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle.
Hanna M. Renna
What Are My Rights During DWI Traffic Stops?
If you are pulled over due to suspicion of drunk driving or pulled over for a traffic stop and then the police officer suspects that you were driving in an intoxicated condition, you should remember you have certain rights as a U.S. citizen. Primarily, the driver and any passengers have the right to remain silent (except the driver must show the police their driver's license, registration, and proof of insurance upon request).
If you are arrested or detained, you have additional rights, including those rights contained in the Miranda warnings.
- You can say you wish to remain silent, and
- You have the right to request an attorney immediately.
Hanna M. Renna
Can I Refuse a Breathalyzer Test in NY?
You can refuse a breathalyzer test. These are portable instruments police have with them to test your breath for alcohol. The results of these tests are typically not admissible if you are, in fact, arrested and charged with an intoxicated driving offense.
Refusal, however, carries with it significant consequences. Those consequences can vary, but you can expect any of the following:
Also, if you refuse, the police officer may request a warrant to take a blood sample. Blood tests are more reliable than breath tests, and they can be more challenging to defend against if a case is filed against you.
Your license may be suspended or revoked.
You may be sentenced to jail time.
You may still face a DWI charge based on other criteria, such as field sobriety test results, witness testimony, and the police officer's observations.
You may be fined.
Hanna M. Renna
What are Standardized Field Sobriety Tests (FSTs)?
Standardized field sobriety tests (FSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not.
There are three standardized FSTs:
- The Horizontal Gaze Nystagmus Test (HGN test)
- The One-Leg Stand Test (OLS test)
- The Walk-and-Turn Test
The results of these tests may be used as evidence against you in an intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA but are still frequently used by law enforcement officers during their DWI investigations.
Non-standardized FSTs include:
- The finger-to-nose test
- The finger count test
- The hand pat test
- The alphabet test
- The reverse counting test
- The coin pickup test
After a DWI Arrest, Will My Driver's License Be Suspended or Revoked?
You will be subject to an administrative suspension of your license pending prosecution in the event that you refuse to submit to chemical testing. This means that you can lose your driving privileges even when you have not been found guilty of a DWI offense.
You will also be subject to suspension or revocation of your driver's license following a conviction for a DWI offense. The period of time during which your driving privileges are suspended or revoked depends on the level of DWI offense you are convicted of, how many prior DWI convictions you have, and a variety of other factors. However, the loss of your driving privilege can range from a 90-day suspension to a 3-year revocation.
What Happens After a Drunk Driving Arrest in NY?
If you are arrested for drunk driving, what happens next depends on the facts and circumstances. It's important to know that DWI arrests result in two processes after an arrest: (1) the administrative hearing, which results in civil penalties, like driver's license suspension; and (2) the criminal process, which can result in a conviction in the absence of a strong DWI defense. A conviction can lead to fines, driver's license suspension/revocation, imprisonment, ignition interlock device (IID) installation, and other penalties.
Hanna M. Renna
Can I Just Plead Guilty to Drunk Driving?
An arraignment is a hearing where the defendant can plead guilty or not guilty. You can plead guilty, but the real question is whether you should or not. It would be a mistake to plead guilty at this time, especially without the assistance of Hanna M. Renna, and there are multiple reasons for this.
- If you plead guilty immediately, you lose any opportunity to fight the DWI charge.
- If you plead guilty immediately, you also lose any opportunity for a plea deal, if that is what would be best in your unique circumstances. Admittedly, a plea deal means you would plead guilty, but allowing an attorney to negotiate on your behalf can render a better outcome than an immediate plea of guilty.
- The sentencing is often harsher when given in response to a plea of guilty during the arraignment, as opposed to what a plea deal would entail or a sentencing after a conviction would impose. The reason is simple: you have time to mitigate and negotiate.
If it's your first drunk driving charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. But if you do not fight to get the charge dismissed, reduced, or to get an acquittal, it will be your first drunk driving conviction. With such a conviction on your record, you want to keep in mind that subsequent DWI convictions will assuredly lead to harsher penalties.
Hanna M. Renna
Do I Need a Drunk Driving Lawyer in New York, to Win My DWI Case?
If you plan to fight your drunk driving charges, it is in your best interest to have an attorney represent you. The law can be complex. The evidence can be highly technical and scientific. Police and state expert testimony can be damaging. All these things can lead to a conviction, unless you have the necessary skills and knowledge to successfully counter them. Most alleged DWI offenders do not have that kind of knowledge and skills.
Hanna M. Renna
Department of Motor Vehicle (DMV) Hearing
If you've been charged with a DWI (Driving While Intoxicated) in New York State and you refused a chemical breath test, your New York license can be revoked. The Department of Motor Vehicles (DMV) will schedule a hearing, during which time various criteria must be met in order to revoke your driving privileges. It is important that you contact Hanna M. Renna, Esq., to assist in your DMV hearing. This administrative hearing is a separate hearing from your criminal case and is very important, as it dictates the outcome of your driving privileges. The standard of proof during these hearings is a much lower standard than a criminal proceeding, making legal representation essential. If you or someone you know has been charged with a DWI and a breath test refusal is involved, contact Renna Law Office, PLLC.
Schedule Your Free Consultation With Renna Law Office, PLLC
If you are facing DWI or DWAI charges in the Finger Lakes Region of New York, don’t wait to get the legal help you deserve. Contact Renna Law Office, PLLC today at 607-233-0833 to schedule your free consultation. We will review your case, explain your options, and work tirelessly to defend your rights and safeguard your future.
