New York DWI Attorney
DWI Defense Throughout Nassau & Suffolk Counties
Barket Epstein Kearon Aldea & LoTurco, LLP has the credentials and resources to help you fight DWI (driving while intoxicated) charges. Founding partner Steven Epstein is widely recognized as one of the top DWI lawyers in the country, with an unparalleled record of success in this area of law. He has authored numerous published articles on DWI defense, has completed specialized DWI training, and serves as a faculty member of the distinguished National College for DUI Defense. He and the other members of our team are fully qualified to challenge the most complex DWI charges.
For experienced insight and a free initial consultation, call (888) 779-0267 or contact us online.
DWI Charges in NY
Most of us are aware that driving while intoxicated is a serious offense that can result in harsh penalties. If you are arrested for DWI, you are at risk of heavy fines, imprisonment, and suspension or revocation of your driver’s license. Even if (or when) you are permitted to drive after being convicted of a DWI offense, you may be required to have an ignition interlock device installed in any vehicle that you own or operate.
How Is DWI Defined in NY?
The term DWI is used to designate a driver whose blood alcohol content (BAC) is 0.08% or higher. You can also be charged with DWI by refusing to submit to a chemical test of your breath or blood and without any scientific reading being obtained by law enforcement.
In New York, driving while intoxicated (DWI) is a serious criminal offense that can result in harsh legal consequences. Under New York law, there are several ways in which one can be convicted of DWI, including:
- The operation of a motor vehicle with a blood alcohol concentration (BAC) of .02% or higher if under 21 years old;
- The operation of a motor vehicle with a BAC of .08% or higher; and
- The operation of a motor vehicle while “substantially impaired.”
Penalties for DWI in New York
As noted above, the consequences of a DWI conviction can be serious. Below is an overview of New York’s DWI penalties:
- 1st offense: A one-year maximum jail sentence and fines ranging from $500 to $1,000.
- 2nd offense: A four-year maximum prison sentence and fines ranging from $1000 to $5000.
- 3rd offense: A seven-year maximum prison sentence and fines ranging from $2000 to $10,000.
New York Breathalyzer and Blood Test Requirements
In New York, any driver suspected of impaired driving is required to submit to alcohol and chemical drug testing. Following a DWI arrest, law enforcement officers must measure the arrestee’s blood alcohol content within two hours of either the arrest itself or a positive portable breath test. Despite these requirements, individuals arrested on suspicion of DWI often refuse to submit to testing. Below are the penalties for failure to submit to a breathalyzer or blood test in New York following a DWI arrest:
- 1st offense: Suspension of license for one year.
- 2nd offense: Suspension of license for 18 months if the suspect has had a prior refusal or DWI conviction within the previous five years.
- 3rd offense: Suspension of license for 18 months if the suspect has had a prior refusal or DWI conviction within the previous five years.
An additional potential consequence of a DWI suspect’s refusal to submit to chemical testing is the permanent revocation of his or her license.
Death by Vehicle in NY
Homicide by vehicle is the most serious vehicular associated crime. None of us take to the road anticipating injuring or killing another, but at times fatal accidents occur. If you cause the death of another while driving due to your criminal negligence, then you could face vehicular homicide charges. Vehicular manslaughter can be charged as a felony and could result in years in prison.
Fleeing the Scene of an Accident in NY
In the aftermath of an accident, disoriented drivers will sometimes leave the scene. Leaving the scene of an accident in which someone may have been injured is a serious crime. You could face up to a year in prison for leaving the scene of an accident with an injured individual, and if the accident involved serious injuries or death, you could potentially be sentenced for up to seven years in prison.
How Is DWI Proven in NY?
There are a number of ways that law enforcement uses to try to verify that you are intoxicated, including field sobriety tests and breathalyzer, blood, or urine tests. According to New York law, a police officer, as someone who is quite familiar with the physical and mental signs of intoxication, can also give his or her opinion as to whether you appear to be intoxicated. Signs such as a strong smell of alcohol on the breath, flushed skin, bloodshot, watery eyes, poor coordination, poor balance, and slurred speech may be used as evidence of presumptive drunkenness.
How Can I Challenge a Failed Field Sobriety Test?
Driving while intoxicated is a serious offense in the state of New York. Being arrested for a DWI can be a life-changing event, potentially causing you to endure prison time, loss of your license, tremendous fines, and other penalties. Often, DWI charges will rest in part on the findings of one or more field sobriety tests. Anyone charged with a DWI should consult with a New York DWI attorney for assistance with challenging the field sobriety test results.
Types of Field Sobriety Tests
Field sobriety tests are administered by police officers in most states, including New York after a traffic stop is made and the officer suspects the suspect is impaired. Field sobriety tests are aimed at exploring the suspect’s balance, ability to focus, physical ability, and more to assess intoxication. There are three different Standardized Field Sobriety Tests that are endorsed by the National Highway Traffic and Safety Administration (NHTSA). These include:
- The Walk and Turn Test: This test is administered by asking the suspect to take several steps heel to toe in a straight line. The suspect will then turn on one foot and walk back. Someone who is intoxicated by struggle to stay on the line, but this test can also wrongly implicate those with some medical conditions that make balancing a challenge.
- The Horizontal Gaze Nystagmus: Officers will ask the suspect to visually follow a pen or other object. They will look for the exaggerated jerking of the eye that occurs when a suspect is intoxicated. Those with some eye conditions can experience a similar jerking motion, which may lead to a challenge of the test.
- The One Leg Stand: For this test, a police officer will ask a suspect to stand on one foot for several seconds. If the suspect sways, hops or uses his or her arms to balance, these could all be signs of intoxication. Like the walk and turn test, however, some individuals with physical disabilities or balance problems could falsely be accused of intoxication based on this test.
Legal Defenses for DWI Charges in New York
Fortunately, there are several effective defenses that a skilled NYC DWI Lawyer can use to challenge such charges. With specialized training and diverse, extensive experience in DWI defense, the team at Barket Epstein have the ability to build effective defenses against drunk driving charges.
Our team of distinguished New York DWI attorneys as well as legal professionals may be able to create a defense case for you based on:
- Lack of probable cause
- Flawed lab results or defective equipment
- Alternative reasons for appearing “intoxicated”
- Errors/mistakes that do not necessarily indicate intoxication
- Inaccuracy of field sobriety tests
- Miranda rights violations
- Witness testimony
- Evidence of mental alertness
200+ Years On Your Side With Our NYC DWI Lawyers
Our team at Barket Epstein is diverse and highly experienced. We have experts in every field to deliver unparalleled results in DWI cases across Nassau County and beyond. Put our over 200 years of collective experience in your corner and rest assured that your case is in the best hands.
Contact our NYC DWI attorneys at (888) 779-0267 for your free case evaluation.
A Nationwide Influence
Barket Epstein's attorneys are regularly featured in the media to discuss their recent cases or offer insight on current events.
Over Two Centuries of Combined Experience
Barket Epstein has 13 attorneys who collectively bring over 200 years of experience to each case. Our team is comprised of former judges, former prosecutors, professors and true thought leaders in our fields.
A Comprehensive Team Approach
Given the experience and knowledge we have amongst the attorneys at our firm, we utilize a team approach. Each client benefits from the expertise of several attorneys, not just the one assigned to their case.
Thousands of Cases Handled
Our Criminal Defense team has represented over 1,000 clients with charges ranging from DWI to homicide.
Three Convenient Office Locations
Our firm offers clients three convenient locations in Garden City, Manhattan, and Huntington.