It is imperative to hire an experienced lawyer immediately after being arrested for Driving While Intoxicated (DWI), Driving While Ability Impaired (DWAI), or Driving While Ability Impaired by Drugs (DWAI-Drugs). You have the right, after you have been arrested, to call an attorney before making a decision on whether or not to submit to a chemical test. You must request to speak with an attorney prior to submitting to a chemical test. An attorney will go over your options so that you will make an informed decision on whether it is in your best interest to take the test or decline. Your privilege to drive will be affected by your decision to submit to a chemical test.
At arraignment, the Judge can suspend your driver’s license pending prosecutor. That is why it is important to consult with an attorney as soon as possible after you or a loved one has been arrested.
A person who pleads or is found guilty after trial, as a first offense, for DWI or DWAI -Drugs can be sentenced up to 1 year in jail, license suspended for at least 6 months, ignition interlock device installation in any vehicle that you own or operate, and you will incur the cost for each interlock installed, probation for 2 or 3 years, and hefty court fines. You will also have a criminal conviction on your record. Jail time, license revocation and sentencing guidelines all increase with each arrest.
There are also civil penalties imposed by the New York State Department of Motor Vehicles such as fines and license requirements and consequences. If you are under 21 years old or have a commercial driver’s license, the penalties and fines are more severe.
Karen A. Sferlazzo is an experienced criminal attorney who has litigated many driving offenses during her 16 years in practice. She has obtained excellent results for clients during the plea process and after jury trials. If you have been arrested or know a loved one who has, please call our office immediately so that I may advise you and protect your rights
Please Contact Us if you have any questions and would like to schedule an appointment.