No one knows better than a Queens DWI lawyer how serious the implications of a DWI arrest can be. In New York, drunk driving offenses carry harsh penalties that can include loss of license, mandatory installation of ignition interlock devices, and possible forfeiture of your vehicle. A DWI arrest can even leave you with a criminal record that will limit your life and career moving forward, especially if you hold a professional license to work or a commercial driver’s license.
Queens Drunk Driving Arrests
In New York, you can be arrested for DWI in either of two ways. You can be arrested for a “per se” violation where a blood or breathalyzer test shows that you were driving a vehicle with a blood alcohol content (BAC) level of 0.08 or more. You can also be arrested for driving while your abilities are impaired ( DWAI ) which means that law enforcement believes you were driving while your physical and mental skills were diminished by the consumption of alcohol.
In either of these cases, you can expect to face the following situations:
• First is the arraignment where the court sets a trial date and informs you of your rights and the DWI penalties that you are facing
• Second is the pre-trial proceedings in which the court is updated regarding the collection of information (discovery) and the time needed to mount a defense
• Motions may then be filed, depending on the circumstances surrounding your case
• Finally, your case goes to trial and the prosecution presents their case, questions witnesses, and possibly cross-examines witness. The defense (your lawyer) will then present evidence and witnesses on your behalf
For your best outcome, you will need to consult an experienced DWI/ DWAI lawyer as soon as possible after your arrest. A well-qualified DWI lawyer will know how to collect evidence on your behalf and fight evidence presented by the prosecution. However, if you wait to hire a lawyer, you decrease the time they have to create strategies to reduce your charges or have your case dismissed.
Those Arrested in Queens for DWI May Face Three Cases, Not One
In New York, if you are arrested for DWI/DWAI, and refused to submit to a breath or blood test, you will not only face the DWI criminal proceedings, you will also have to fight the Department of Motor Vehicles from revoking your right to drive for at least one year. A third action you may face is vehicle forfeiture in which the police department takes action against you to take possession of the vehicle you were driving when arrested.
Time is of the Essence
You only have a small window of time in which you can fight the DMV case, mount a strategic defense and fight to keep your vehicle. Time is of the essence. Do not wait to hire a DWI lawyer. Contact Kerben & Associates for more information about DWI or DWAI arrests, driver’s license revocation, or vehicle forfeiture, or to schedule an appointment with one of our highly experienced Queens DWI lawyers. Call 718-575-8433 for your best defense.
About Kerben & Associates
For more than 34 years, the criminal defense firm of Kerben & Associates has defended clients in thousands of DWI cases in Queens and across New York City. Our goal has remained consistent for more than three decades: the reduction or dismissal of charges. We are not afraid to go to trial and have countless successful outcomes in Queens DWI trials. In fact, our cases have been featured in many major local papers including the New York Times, New York Newsday, New York Daily News, New York Post, El Diario, and more. If you are facing any type of DWI charges, contact our office at 718-575-8433 to schedule an appointment. For your convenience, the office of Kerben & Associates is located on the ground floor directly across the street from the Queens criminal court, just look for the yellow “LAWYER” sign.
Frequently Asked Questions
- What is the New York City legal blood alcohol content limit?
- In New York City, how many drinks can you have before you can be arrested for drunk driving?
- Will I go to jail if I am arrested for a DWI?
- Can I keep my license if I am charged with DWI?
- Can I get a hardship license if I have been arrested for a second DWI?
- Can I be charged with a felony in a first-time DWI arrest?
- Can I am convicted of DWI, can I get a conditional License?
- What Happens if I Refuse to Take the Chemical Test?
- Will My Insurance Rates Increase if I am Convicted of a DWI in Queens?