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By Michael Arbeit
Founding Attorney

Facing a DUI charge in New York can be a daunting and stressful experience. The consequences of a conviction can have far-reaching effects on your life, from substantial fines and license suspension to potential jail time and a tarnished reputation. During this challenging time, it’s crucial to understand the importance of seeking experienced legal representation to protect your rights and help you avoid the most severe consequences a conviction might bring. 

DUI Charges in New York

According to the New York State Department of Motor Vehicles, there are several types of DUI violations in New York, and individuals can receive a DUI for operating a vehicle in an impaired manner, even if they are not above the standard legal limit of 0.08 Blood Alcohol Content (BAC). 

DUI charges include:

  • Driving While Intoxicated (DWI) – This charge is for driving with a BAC of 0.08 or higher. The legal BAC limit for commercial vehicle operators is 0.04. 
  • Aggravated DWI – This charge is for individuals driving with a BAC of 0.18 or higher. 
  • Driving While Ability Impaired by Alcohol (DWAI/Alcohol) – This charge is for drivers with a BAC of 0.05 to 0.07. 
  • Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug) – Individuals may incur this charge for driving under the influence of an illegal drug or prescription medication. 
  • Chemical Test Refusal – Drivers who refuse to submit to a BAC or other chemical sobriety test can still be charged with a crime. 
  • Zero Tolerance Law – Drivers under age 21 can receive this charge for operating a vehicle with a BAC of 0.02 to 0.07. 

Penalties for DUI

Penalties for DUI can be steep, with more serious charges resulting in larger fines and harsher punishments. For example, a DWI or DWAI/Drug conviction comes with a penalty of $500 to $1,000 in fines, a minimum six-month license revocation, and up to one year in jail. An aggravated DUI conviction could lead to a fine of $1,000 to $2,500, a minimum one-year license revocation, and up to one year in jail. If you have previous DUI charges, these penalties increase. 

The more severe the charges you face, the more it may benefit you to seek legal representation after a DUI arrest. 

Selecting Legal Representation for Your DUI

When choosing a legal representative, you want to select a lawyer with experience with your type of case. Therefore, if you face DUI charges, you want to hire a criminal defense lawyer, as opposed to a personal injury attorney or family law practitioner. In addition, ideally, you want an attorney who has successfully handled DUI cases in your area. 

Your lawyer will be responsible for representing your rights and best interests. Tasks a DUI lawyer should handle include:

  • Pursuing bail and helping post-bond
  • Attempting to get your DUI charges dismissed or diminished to a lesser offense
  • Investigating your DUI and building the best defense possible based on the evidence
  • Negotiating for a plea bargain
  • Representing you at trial if necessary

Can You Afford an Attorney? 

A DUI charge can affect your finances in numerous ways. First, you could have to pay expensive fines. Second, if you lose your license, you may be unable to get to work or school. Finally, if you have to serve jail time, it will likely affect your employment and ability to earn a living. 

With so much at stake, the cost of working with a legal representative may be well worth it and could save you money in the long term. 

Contact a Criminal Defense Lawyer Serving Freeport, New York

Michael A. Arbeit, P.C., represents clients facing misdemeanor and felony criminal charges. If you were arrested for DUI, we can inform you of your rights and fight to minimize the effect of the charges on your life, finances, and freedom. 

Michael A. Arbeit, P.C. assists clients throughout Long Island, including Nassau County, Suffolk County, Garden City, Freeport, and New York, including Queens, Brooklyn, Manhattan, Staten Island, and The Bronx.

About the Author
Michael A. Arbeit, P.C. is devoted to all Criminal Defense and  Traffic related matters.  Michael practices primarily in the Criminal and County (Supreme) Courts in Nassau County, Suffolk County, Queens County, Kings County, New York County and the Bronx County.  Michael is also licensed to practice law in the Federal Courts of the Eastern District of New York (EDNY) and the Southern District of New York (SDNY).
Posted in DWI