Alcohol Related Charges
If you have been arrested for alcohol related charges, you might think that your life is going to be over. There are penalties in place for these charges, but an experienced DWI lawyer will be able to minimize any potential penalties that you are facing. Here is what you need to know.
Alcohol Related Charges | License Suspension
If you wind up pleading guilty or are found guilty of a DWI or driving while ability impaired, at the time of your plea and sentence you will lose your ability to drive. The judge will suspend your privileges. On a driving while ability impaired, you will be suspended for 90 days at that moment. On a DWI, the minimum will be a six month revocation at that moment that you take the plea and are sentenced.
Your attorney can ask the judge for a 20 day stay, which stops that suspension at the moment it starts. Twenty days will be added on to your suspension period. If it was a 90 day suspension, it will be 110 days. However, you will have 20 days to go to the Department of Motor Vehicles to get a new post-conviction conditional license. Twenty days is the amount of time that the courts and legislature and the Department of Motor Vehicles determines it takes for the DMV to be informed about your case. You don’t really want to wait 20 full days because then the suspension will start. I always recommend to my clients to go approximately 14 days after the court case ends to try and get the conditional license.
Alcohol Related Charges | Impaired Driving
In New York ordinarily you are charged with both a DWI/DUI (driving while intoxicated) and driving while ability impaired. The reason the prosecutors do that, and as a former prosecutor I’ve done this on many occasions, is because a driving while impaired is what we call a lesser included offense. However, a driving while impaired is not a crime. It is a traffic infraction. The consequences of driving while impaired are not as severe as driving while intoxicated.
A driving while impaired conviction does not count as a prior driving while intoxicated because a conviction for a driving while impaired is a traffic infraction. Technically speaking, anything that is around a .06 and .07 blood alcohol content is considered an impaired. Very often clients present themselves with a blood alcohol content of .08 or more, so a driving while impaired may be a viable plea bargain option. Going from a case where you’re charged with a DWI where your blood alcohol content might be a .10, which is a crime, may be able to be resolved in a plea bargain for driving while ability impaired.
Alcohol Related Charges | Aggravated DWI
In New York State, there is a distinction for a DWI that’s called an aggravated DWI. It’s when someone has a blood alcohol content of .18 or more. An aggravated DWI is a misdemeanor and not a felony. However, an aggravated DWI has enhanced penalties, longer suspensions, and higher fines, and they must be handled by an experienced and confident criminal defense attorney. If you are worried about your alcohol related charges, please call our NYC DWI lawyer Carl Spector today for a free consultation.