You can be arrested for a first DWI in Queens in either of two ways; a blood or breath test that results in a blood alcohol concentration (BAC) of 0.08 or more, or when your ability to operate a vehicle in a responsible way is deemed to be impaired by the arresting police officer. In either case, you will be facing criminal court proceedings, a DMV hearing if you refused to submit to a blood or breath test, and you may even have to face a vehicle forfeiture hearing if the police department sues for the vehicle you were driving when arrested.

The laws of implied consent say that if you drive on New York roadways you automatically consent to mandatory blood or breath tests. If you refuse, the Department of Motor Vehicles will suspend or revoke your driving privileges for one year. This is determined in a hearing that is completely independent from the criminal hearing.

Vehicle forfeiture cases are brought by the police department as a lawsuit filed against you with the goal of keeping your vehicle. This lawsuit is also completely independent from the criminal and DMV cases. In fact, the outcome of either of those cases has no bearing on the vehicle forfeiture case.

Possible Criminal Penalties For Your First DWI Arrest

The possible penalties for a first-time DWI offense can be quite serious and may include fines of up to $1000, and even a one-year jail sentence. You may be required to have an ignition interlock device on your vehicle, and you could be left with a criminal record. If you refused to submit to a breath or chemical test your license will be suspended or revoked for one year and if you lose a forfeiture case, you will lose your vehicle.

Building A Defense For A First DWI In Queens

As a criminal defense law firm with more than three decades of experience, we know how to build an effective criminal defense. In order to fight the DWI charges against you we start by collecting evidence and information, including:

• Conducting an in depth interview with you
• Reviewing your prior criminal record, if any
• Chemical or blood test refusal or BAC results
• Any statements made to the police by you or other witnesses
• The amount of time between your arrest and the chemical test and where it was administered
• Any evidence of alcohol in the vehicle and if a proper police search procedures were followed
• Review of your civil rights and if you were properly mirandized

This information gives us the start we need to begin formulating the strategy that will be used to fight your criminal case and have the charged against you dismissed or reduced.

Experienced DWI Lawyers Make A Difference

Kerben & Associates is dedicated to the criminal defense of persons arrested for a first DWI in Queens. We know how badly a DWI arrest can affect your life and the lives of those who depend on you, and we will fight for your rights in all cases involving DWI. Our goal with every client is the reduction or dismissal of all charges, and we fight to reach that goal in every case. To speak with a criminal defense attorney about your first DWI in Queens, call Kerben & Associates at (718) 575-8433.