Breathalyzer Refusal
New York Aggravated DWI Lawyer
Dedicated New York Aggravated DWI Lawyer With Over 30 Years of Experience
Have you been charged with an aggravated DWI? This is not something to take lightly. The lawyer you choose to defend you against an aggravated DWI charge can make all the difference. Experienced New York aggravated DWI lawyer Carl Spector has spent over 30 years in New York serving residents in matters of DWI and other alcohol related charges. If you make the mistake of drinking too much and decide to drive, you could be arrested and charged with aggravated drunk driving. Aggravated drunk driving is a charge given to motorists in New York when they have a blood alcohol level of .18 or higher.
If you’re facing an aggravated DWI charge, you can count on the experience of New York aggravated DWI lawyer Carl Spector for aggressive legal representation when you need it most. Contact him today to schedule a free, confidential consultation. Let his experience work for you.
Penalties of an Aggravated DWI Charge
- The potential penalties are more severe – as stated below:
- Fine $1,000 – $2,500
- Maximum jail time 1 year
- Revoked for at least one year
- Plea bargaining becomes more complicated because these charges are treated more seriously. This is why it is important to hire an experienced New York Aggravated DWI Lawyer that can personally work on your case.
Ignition Interlock Devices
Any driver convicted of misdemeanor or felony drunk driving charges in NY are required to install and maintain ignition interlock devices at their own expense on any vehicles they own or operate for a minimum of six months. Ignition Interlock Devices are connected to a motor vehicle ignition system and measures the alcohol content of the operator’s breath. As a result, the vehicle cannot be started until the driver provides an acceptable sample breath. For an Aggravated-DWI offense in New York, or any repeat alcohol or drug offense within five years, a judge is required to order the system installed on each vehicle owned or operated by the motorist during both the revocation period and any probation period that follows.
Is hiring a DUI lawyer worth it, and how can someone know they have the right person?
Whenever someone deals with the New York criminal justice system, not only will the judge expect the person to be represented by an attorney, it is also a requirement. The person must then decide whether they want a criminal attorney with DWI specific experience, or just any criminal defense attorney. The first thing to keep in mind is to try to get an experienced New York DWI attorney for the New York criminal justice system, so the person ought to seek out criminal defense attorneys who focus their attention or practice on defending DWIs and DUIs.
Why do judges think defending yourself is a bad idea in a DWI case?
Judges have their own opinions and attorneys know that most judges will require the person to get an attorney in the New York criminal justice system. It would be unwise for someone to not have an attorney because there are many ways that an attorney can protect their client’s legal rights. An attorney can explain the ramifications of certain actions and they can navigate the waters of a DWI or a DUI case in a way that mitigates, diminishes or even removes any potential sentences, penalties or fines. The judges know this, because they see hundreds, if not thousands, of DWI cases every year.
Would it be illegal for a public defender to handle an entire DWI case?
Public defenders can handle an entire DUI case, although most people might not be financially eligible for a public defender, since there are eligibility markers and requirements. Such an individual would have to hire a private attorney.
A lot depends on the type of experience, background and focus the public defender had on DUI cases. The individual should also consider the type of attention they want as a person who has experienced this traumatic event in their life, because people ordinarily want more attention than a public defender can provide. On the other hand, a private attorney can give the client the attention they need, could go into the details of the case and walk the client through the entire process.
Should I refuse the roadside breath test?
In New York, there are consequences over refusing to blow into the breath testing device. There is a general rule that states that a person should not take the test if they believe their blood alcohol content to be a 0.18% or more. The problem with that analysis is that people generally would not know what their blood alcohol content might be prior to blowing into that device, so someone who thought they might have a blood alcohol level of a 0.18% would in fact be more than double the minimum legal limit, because the legal limit in the State of New York is 0.08%.
While most people would not know what their blood alcohol content might be, they would know how much they had to drink over what period of time. The consequences of taking a breath test is that there would be a breath reading that the person is stuck with, even if it is defendable. Blowing a 0.08%, 0.09%, 0.10%, 0.11% or 0.12% would be a lot better than blowing 0.13% or higher, because they could get a better possible plea bargain, whereas the higher the readings are, the more problematic the plea bargaining.
A refusal to take the breath test will trigger a Department of Motor Vehicles civil case against them, and make that person subject to a civil penalty of $500, as well as a loss of driving privileges in New York for one year, so there could even be consequences if the person refused the breath test.
There are other consequences for refusal, in that the prosecutor could view the refusal as an aggravating factor which might be used against the person if they went to trial. This would usually be a situation that cannot be changed, since the person would have already made the decision by the time they spoke to their attorney, although they should be aware that the refusal will need to be vigorously defended in conjunction with the criminal case.
If you have been arrested in New York and charged with Aggravated DWI, contact New York aggravated DWI lawyer Carl Spector for a free, no obligation consultation. He will take the time to answer all your questions and help provide you with peace of mind in these troubling times.
With over 30 years of experience handling DWI cases in New York State, rest assured that he has the experience and resources necessary to build a strong legal defense against your aggravated DWI charge.