DWI Defense Lawyers in Hudson Valley, New York
A first-time DWI conviction can result in serious consequences: fines of up to $2,500, a one-year jail sentence, and loss of license for up to one year. However, an aggravated DWI or felony DWI conviction can result in penalties that are much more severe.
At Silver, Forrester & Lesser, P.C., we take your DWI case as seriously as you do. If you have been charged with aggravated or felony DWI, we will leave no stone unturned in an effort to get you the best result possible.
Contact us at 845.764.4757 or toll free at 866.687.1338 to schedule an attorney consultation.
Aggravated DWI
In New York, an individual with blood alcohol content (BAC) of .08 or above can be charged with DWI. If an individual's BAC is over .18, he or she can be charged with aggravated DWI, which carries enhanced penalties:
- Up to $2,500 in fines
- Jail time of up to one year
- Mandatory license suspension for one year
- Other civil penalties
Felony DWI and Aggravated DWI with a Child
Felony DWI is a very serious crime. The State of New York strictly enforces felony DWI penalties, which may include up to $10,000 in fines and up to 7 years in prison. There is added pressure by watchdog organizations like Mothers Against Drunk Driving (MADD) to keep an eye on the courts and enforce these penalties.
Felony DWI charges in New York are brought upon:
- A second DWI in 10 years
- A third DWI in 10 years
- Aggravated Driving While Intoxicated with a Child
Learn more about repeat DWI offenses.
Aggravated DWI with a child is a class E felony. If you were arrested for driving while impaired and had a minor age 15 or younger in your vehicle, you are facing charges under Leandra's Law. More than 600 people were arrested in New York under this law in 2010. First time offenders face up to 4 years in prison, $5,000 in fines and the same license and civil penalties for aggravated DWI.
How We Can Help
At Silver, Forrester & Lesser, P.C., we take your DWI charge as seriously as you do. If you have been charged with aggravated or felony DWI, we will:
- Investigate the circumstances surrounding your arrest: Why were you pulled over?
- Were field sobriety tests administered? These tests are highly subjective and provide no proof of blood alcohol content.
- Was a breath test given? The testing mechanism provides with your blood alcohol. Be aware that the test is generally given well after you were stopped. Your B.A.C. could very well have risen during that period of time. Breath testing is the 800 lb gorilla in the room. Its accuracy is based on the assumption that all people have the same breath to blood conversion ratio.
This is not true. Note that the United States and Great Britain employ a different conversion ratio. The accuracy of the result is also based on the assumption that the driver's breath is going into the machine at a body temperature of 98.6. The machine makes no provision for a breath temperature above that. A temperature even slightly over that can impact the result dramatically.
We work with outside experienced litigators to examine all angles of a criminal defense case. We frequently consult a chemist who has written on the subject of breath test effectiveness. This gives our DWI defense cases a scientific edge that helps, in and out of the courtroom.
Contact Silver, Forrester & Lesser, P.C.
If you are facing DWI or DUI charges, contact our New Windsor law office online or call 845.764.4757 or toll free at 866.687.1338.
