DWI, which is also called driving while impaired or driving while intoxicated, is considered to be a serious offense within the criminal justice system since an impaired or drunk driver can cause a traffic accident that result in innocent people being injured or killed.
If a law enforcement office believes that a driver may be under the influence of alcohol, then the officer can administer a field sobriety or breathalyzer test. If it is found by the tests that most likely the driver is impaired, then the person will be placed under arrest by the law enforcement officer and taken to a police station to have a chemical blood test performed. If the test results show that the person’s blood alcohol level is over the legal limited, then the driver might be given a DWI offense charge.
Call 845-943-2534 to speak with attorney Eric Naiburg
if you are someone that you care about is faced with a DWI
There can be severe and serious consequences for any driver with a DWI offense charge, including for those who are first time offenders. Driving privileges might be suspended without exceptions for hardships or working. The person’s vehicle might be taken as well, particularly in cases where it is a repeat offender. The person might receive jail time as well as a result of driving while intoxicated. The driver might also face lawsuits as well as other action from any accident victims as well as their families. To avoid severe penalties, it is critical that any driver who is faced with a driving while intoxicated charge get skilled and experienced legal representation as soon as they can.
The highly experienced criminal defense attorney Eric Naiburg will do a thorough investigation of the circumstances surrounding the charges and work diligently to get the driver’s penalties reduced.
With Eric Naiburg providing first rate legal representation, drivers faced with a DWI charge will have the professional support that they need throughout the entire course of the legal process. Mr. Naiburg will work to have any license suspension reduced and protect against seizure of a vehicle.
Although no attorney can guarantee what the outcome will be on criminal charges, those drivers who work with the DWI defense attorney Eric Naiburg will receive the professional support they need and will stand the best chance of minimizing the consequences.
DWI Penalties – Possible Drunk Driving Punishments
There are various DWI punishments and penalties in the state of New York. Some of the more common penalties include required meeting attendance, jail time, driving restrictions, and license suspension.
Suspension of License
If a person’s blood alcohol level is found to be .08% or higher, then their license will be confiscated immediately. Usually a temporary license is issued that allows driving for a couple of days, but after that suspension of the license will start and for first time offenders may last up to six months.
However, if an individual refuses to agree to a blood alcohol test or doesn’t cooperate with the police officer, then suspension of their license might last up to a year. If the person is a first time offender they are eligible to get a hardship license. This is a limited license where the driver is allowed to go to the grocery store, to work, and other places involving necessary daily living tasks. Individuals that have more than one citation for driving under the influence are not eligible to receive the hardship license.
Ignition Interlock
Another DWI penalty is having an interlock, which is a device placed on your steering wheel. It is a breathalyzer that is connection to the ignition switch of the vehicle. Before the car will start, first the driver has to blow into the tube and there cannot be any alcohol detected in their breath. Additional breathing samples will be randomly asked for by the device while the car is being operated to ensure the driver isn’t drinking and driving. The driver must pay for the ignition interlock, which is an expensive device.
Jail/Prison Time
Another possible DWI penalty is jail time and is considered to be the harshest punishment possible for the crime. Typically jail time is reserved for those drivers with multiple charges for drunk driving or who have been in traffic accidents were innocent victims were seriously injured or killed.
Required Counseling/Meetings
Victim impact and alcohol meetings is another potential DWI penalty. Since drinking and driving may be a sign of alcoholism, a judge might required that a drive attend meetings like Alcoholics Anonymous. These meetings are considered by most individuals that are part of the legal system to be a type of treatment rather than a punishment. These victim impact meets may be very influential, and provide drivers with the opportunity to meet with members of the victim’s family who have been seriously injured or killed in a drunk driving accident.
Please call 845-943-2534 to speak with attorney Eric Naiburg regarding your recent DWI arrest (or a loved ones).