DWI Attorney for the Bronx
If you have been arrested for DWI, put our experienced DWI lawyers to work for you. As members of the National College of DWI Defense, our attorneys at Lebedin Kofman LLP can fight for you in pursuit of favorable results. Drunk-driving cases are complex and require focused knowledge. We continually sharpen our DWI defense skills so we can bring that knowledge to your case.
Protecting Your Rights & Fighting for Your Driving Privileges
DWI vs. DUI
Depending on where you have lived in the U.S., you may be familiar with different terms regarding alcohol and drugs while operating a vehicle.
Some of the most common drunk while driving terms are:
- DUI (Driving Under the Influence)
- DWI (Driving While Impaired)
- OWI (Operating While Intoxicated)
- OUI (Operating While Under the Influence)
While these terms are often used interchangeably, some states have specific legal definitions for each acronym.
In New York, we only have one legal term for driving intoxicated: DWI. DWI refers to your BAC, or blood alcohol concentration.
- Those 21 years old or older, with a BAC level of 0.08 percent to 0.17 percent, are deemed legally drunk.
- A commercial driver is considered drunk beginning at 0.04 percent.
For those under the age of 21, the BAC for drunk driving is between 0.02 percent and 0.07 percent.
DWI Penalties
Jailtime, loss of license, and fines are all possible. Those charged with DWI face the following penalties:
- First offense: fines from $500 to $1,000; jailtime from six months to one year; driver’s license revoked for at least six months
- Second offense: Considered a felony if second offense is within 10 years of the first; fines of $1,000 to $5,0000; a jail term of at least four years; driver’s license revoked for at least one year
- Third offense: Classified as a felony; fines of $2,000 to $10,000; a jail term of at least seven years; driver’s license revoked for at least one year
Other penalties can include the following:
- Installation of an ignition interlock device for breath monitoring on vehicles you operate
- Vehicle forfeiture
- Court-ordered counseling
- Increased auto insurance
You can rely on our Bronx DWI lawyers to provide you with the effective and dedicated representation you deserve, from arraignment to trial, if necessary.
DWI FAQs
What are misconceptions about arrest and prosecution for DWI?
Getting charged with a DWI can be very scary. Most people who are arrested for DWI are people who never have had any contact with the criminal justice system. At one moment, someone is driving home from dinner where their mind is in a totally different place, and then all of a sudden, they are embroiled in this criminal case where they are being arrested, handcuffed, and spending the night in jail.
An automatic reaction is to feel like your life is over. Now, you have just spent the night in jail, you have lost your license, and you’re facing a conviction of DWI. When people come to us, we often have to spend the first half an hour walking them off the ledge, explaining that their life is not over and that many of these issues they are facing are things we can help them with.
We have to explain that many of the potential issues that could arise, such as a license suspension and the forfeiture or seizure of their vehicle, are things that can be prevented.
Call Lebedin Kofman LLP today at (646) 663-4430 or contact us online to learn more about your situation and how our DWI lawyers can help you.
Most people who get arrested for DWI are not people who went out to get really drunk and then drive. They are usually just people who committed some kind of traffic infraction and then they did not say or do the right thing to try to avoid being arrested when they were pulled over; so they ended up getting sucked into the system.
People’s reactions to getting charged with a DWI run the gamut. Most people think this will never happen to them again, and they are in disbelief that it even happened to them in the first place. A lot of people, if not most, actually learn their lesson and never have another brush with the law.
When someone is arrested for a DWI or any crime in the city of New York, their case is sent into something called the Web-Crims system.
All arrests are public knowledge, so if anybody was actually looking for your record, they would be able to find out everything about it. They would also be able to see when you were due to go back to court, although most people do not actually use the Web-Crims system since people are generally not familiar with it.
What are mistakes people make after being arrested?
A DWI arrest in New York is a serious matter that can lead to significant legal consequences. Knowing the common pitfalls many people fall into after such an arrest can greatly impact the outcome of your case. From unintentionally incriminating oneself to misunderstanding one’s rights regarding field sobriety and breath tests, these mistakes can complicate your legal situation and potentially result in harsher penalties. Being informed and cautious post-arrest can help minimize the negative impacts and give you a better standing in any subsequent legal proceedings.
What happens after the arrest?
When someone is arrested, a cascade of events is set in motion, each with significant legal implications. Understanding what comes next is crucial for anyone facing the daunting uncertainty of the criminal justice process in order to avoid common mistakes made after a DWI arrest. From the initial booking to potential charges, arraignment, and the possibility of bail, each step carries weight and consequences.
What are the ramifications of pleading guilty?
You should definitely never just plead guilty. That would be tantamount to standing at the edge of the cliff and then deciding you might as well jump because you could see there was something below you.
It really does not make any sense, which is why it is so important to decide on what to do next after you speak to a qualified DWI attorney who can advise you of all the serious ramifications of doing so.
Let us suppose you were charged with a misdemeanor. If you plead guilty to the misdemeanor and are later arrested within 10 years under suspicion of driving while intoxicated, then all of a sudden, it will be charged as a felony.
Call Lebedin Kofman LLP today at (646) 663-4430 or contact us online to schedule a free consultation with one of our DWI attorneys.
It Would Be a Mistake to Not Hire an Attorney
People who are charged with a first-time DWI often do not want to spend the money to hire a good attorney. They may not think they have the time or maybe they simply don’t want to keep coming back to court, which is why they would decide to just take the misdemeanor conviction on the first arrest.
That person might not have the type of job where background checks matter, so they would not see how the DWI charges can possibly affect them. People generally do not think about how many times they will be on the road in the next 10 years, and that they would probably be arrested at some point.
You will not necessarily get arrested because you were driving drunk because you can also get arrested under suspicion of driving drunk, which would be a felony. It would suddenly be a very serious crime, which makes it a much more difficult case to fight. It would be a case where, if you are convicted, the ramifications will much harsher than the initial misdemeanor case.
This is why it is very important to have someone who knows what they are doing to take a look at your case, even if you think you will surely lose.
An Experienced Attorney Can Find Details in the Case to Help Reduce or Drop Charges
When we look at a case, we often find that the devil is in the details. We are often able to find small issues that we can parlay into getting better deals for clients.
Defending a DWI can be a highly nuanced game, and it is something where you will really need to understand what you are doing in order to spot all issues and get the best results for yourself.
There Is No Mercy of the Court
There can be many different ways to negotiate a criminal case. One tactic is to not really focus on the evidence but to instead discuss the possibility that although the person may well be guilty, he or she is a good person and they have never been in trouble so they deserve a break.
The other issue to look at is the value of the evidence. An attorney can tell the prosecutor they believe the state cannot prove their case at trial because a skilled attorney will be able to leverage issues they found so that they can get a better deal.
There would, of course, be an aspect of the mercy of the court, but since every court has a different judge, it is very abstract since every judge has a different way of handling his or her courtroom.
It is important to have an attorney who is familiar with the judge, prosecutor, court, system, and rules, as well as one who has previously practiced in that court so they are confident and familiar with the proceedings.
Are there alternative programs for first-time offenders?
It is important to know the landscape of where the case is heard. In Manhattan, for example, there are no alternative programs available for someone who is arrested on DWI since they are generally very strict on these types of cases. They want you to take a misdemeanor conviction if you were above a 0.14, which is why we end up going to trial on a lot of these cases and fighting them.
However, Brooklyn, Bronx, Queens, and Staten Island do have certain programs available for first-time offenders or sometimes even second-time offenders. This would be for cases where the conviction would have a very bad effect on your job or ability to earn a living.
Is the driver’s license taken immediately? Are there hardship licenses?
If you have a breathalyzer reading over 0.08, the judge will suspend your license on an alcohol-related arrest. There is something called a Pringle Hearing, which has come down from the courts of New York. If you actually have a reading that is 0.10 or lower, and if your attorney makes the proper arguments, then you should be able to keep your license after the Pringle Hearing. However, we do not see these arguments advanced very often.
Furthermore, you might be able to get something called a hardship license if, at the arraignment, you or your attorney successfully argue that you have a genuine hardship. The court would have to schedule a hearing within three days so that you can present all the routes you will take to work, how you will get there if you cannot drive, and how long it would take you. To speak with an experienced New York City DWI lawyer, call today.
To learn more about your situation and how our New York license revocation attorneys can assist you, call New York City criminal attorney Lebedin Kofman LLP today at (646) 663-4430 or contact us online.
You Need to Testify & Prove Certain Things in Order to Qualify for a Hardship License
You would have to testify and attest that there is no one else in your family who can drive you, and that a hardship license will be the only way you can get to and from work.
If the judge finds you have enough reasons, they may give you a hardship license so you can get to and from work at certain times of the day and certain days of the week; however, you will need to have a fixed location of work which you go to on specific days.
You will not be allowed to drive near certain locations during the day, or else you will not be able to get a hardship license. You would not be able to do anything other than wait 30 days and then get a conditional driver’s license 30 days after you were arrested and arraigned.
You Might Have to Install an Ignition Interlock Device
Generally, people who have been convicted of a misdemeanor DWI or higher are required to have the interlock device installed, provided there is an allegation of driving while under the influence of alcohol and not under the influence of drugs.
You have to be very careful if you get this device installed. Firstly, it is very expensive. The ignition interlock device can cost approximately $1,500 to have it installed for the period of a year, and during this time you have to keep it monitored, and it would have to be installed on any and all vehicles in your household. If multiple vehicles are owned or operated by the individual, each may require installation.
The Ignition Interlock Device Will Take Your Picture Whenever You Blow into It
The ignition interlock device will take a picture of you when you blow into the straw before the car starts. You may also be required to blow into the device again while you are driving. The device will take a picture of you when you start the car as well as when you do the additional breath tests.
Common Mistakes People Make That Cause Issues with the Interlock Device
People generally make mistakes, such as going out and drinking the night before and not realizing they still have alcohol in their system the next morning when they get behind the wheel of the car.
The person may repeatedly blow a breath alcohol reading of 0.08 or a 0.10 because they came home at 4, 5, or 6 in the morning and it is now just 10 or 11 o’clock. They may not feel drunk, but they could still be legally intoxicated or impaired.
Judges Can Be Very Harsh for Violations Concerning the Interlock Device
A judge will treat a person very harshly for any interlock violations while they are on probation. The judge would then re-calendar the case and drag the person back into court to face the music for the violation.
This is one of the reasons why it is a good idea to fight as hard as possible to not have the device installed. If you do have it installed, you will need to make sure not to make any mistakes while using it.
How Can I Get My Driver’s License Reinstated?
These drivers can receive driver’s license reinstatement in New York if they complete the following:
- Impaired Driver Program: A court-ordered education program designed to reduce the effects of alcohol-related crashes, the IDP consists of classroom sessions, screenings, and assessments. Drivers who fail to adhere to the IDP terms could be kicked out of their programs and lose their conditional licenses.
- Other evaluations or required treatments: These are case-specific, and can include drug screenings, probation meetings, and other services.
A driver must show proof that they have paid the DMV the court-ordered penalties and other required fees to get their license restored. These fees can include license reinstatement fees and civil penalties.
What Happens if I Drive With a Suspended License?
Driver’s license suspension may be in place before a DWI case is brought to court. Sometimes people don’t realize that a suspension is in effect and they still get behind the wheel. Regardless of the driver’s reason for driving with a revoked license, it could lead to more criminal charges or penalties.
Driving on a New York revoked license can lead to fines of up to $200 and even jail time. Drivers who are driving under the influence of alcohol can have their cars seized and face DWI charges. They can also be subject to a $5,000 fine.
| Topic | Details |
|---|---|
| License Suspension for DWI | A breathalyzer reading over 0.08 results in immediate suspension. A Pringle Hearing may help retain a license if the reading is 0.10 or lower with proper legal arguments. |
| Hardship License | Available for work-related transportation needs. Requires testimony proving no alternative means of travel. A hearing is scheduled within three days. |
| Ignition Interlock Device (IID) | Mandatory for misdemeanor DWI or higher. Costs about $1,500 per year. Must be installed on all personal vehicles unless an employer provides an exception. |
| Consequences of IID Violations | Judges impose harsh penalties for violations. Repeated breath test failures can result in court reappearance and further legal consequences. |
| Driving on a Suspended License | Can lead to fines up to $200, jail time, vehicle seizure, and potential DWI charges. A suspended driver with alcohol involvement may face a $5,000 fine. |
You Need to Have It Installed on All Your Vehicles Unless There Is an Exception
It is an exception if you do not have an order from the judge saying that the interlock will have to be installed on every vehicle you operate. Otherwise, it will have to be installed on every vehicle you use.
You can get arrested for a misdemeanor for failing to install an ignition interlock device if you get pulled over and the police officer sees you have this requirement on your license but have not installed the device.
The only thing you can do, which is an exception, is you will not need to have the ignition interlock device installed on a vehicle that is from your place of employment and that you use for work.
You will still have to carry a letter with you from your boss with the license plate and make of the vehicle in your name, saying that he or she knows you have a requirement for an ignition interlock, and that even though they are aware this car will be used by you and others for work, they understand that no interlock will have to be installed on that vehicle.
Driver’s License Restoration Lawyers
Driver’s license restoration lawyers handle legal matters for individuals who have lost their right to drive due to DWI charges or other infractions. When a license is suspended or revoked, it can significantly impact daily life, making it difficult to commute to work, handle family responsibilities, or meet other obligations. These lawyers understand the legal processes involved and work to help clients restore their driving rights as efficiently as possible.
In New York, license suspensions or revocations can result from various offenses, such as accumulating too many points on your driving record, DWI convictions, or failing to pay traffic tickets. The process for reinstatement varies based on the reason for the suspension, and legal representation can be essential in presenting a strong case for restoration.
A driver’s license restoration lawyer evaluates your case, identifies the reason for the suspension or revocation, and develops a strategy to address the issue. This may involve filing an appeal with the New York Department of Motor Vehicles (DMV), challenging the suspension in court, or assisting with the necessary paperwork for reinstatement.
Additionally, these lawyers can guide you through the steps required by the New York DMV, such as completing mandatory courses, paying fines, or installing an ignition interlock device if applicable. They also help you prepare a strong case to demonstrate your eligibility for license reinstatement. Working with a driver’s license restoration lawyer can improve your chances of successfully regaining your driving privileges and moving forward with your life.
When a license is suspended or revoked in NYC, acting promptly is key to maintaining personal and professional obligations. Each case requires a tailored approach based on driving history, the severity of the offense, and prior violations. Having a legal advocate can improve the chances of restoring driving privileges efficiently while minimizing further complications with the DMV.
Can refusing the breath or blood test affect license suspension?
Refusals are a whole subsection of DWI law on their own. Someone who refuses the breath or blood test will need to have a DMV hearing within 12 days of their refusal and arraignment. Additionally, the clerk of the court will inform them about the notice for refusal hearing at their arraignment.
What factors might enhance or aggravate a DWI charge?
Under New York State law, no person shall operate a motor vehicle while such person has a blood alcohol content of 0.18 percent or greater as shown by a chemical analysis of such person’s blood, breath, urine, or saliva. If the defendant has been convicted of a crime in violation of Vehicle and Traffic Law Section 1192(2), 1192(2-a), 1192(3), 1192(4), 1192(4-a) or in violation of Penal Law Section 120.03, 120.04, 125.13, or 125.14 within the previous 10 years, a conviction of aggravated driving while intoxicated per se is a Class E felony. If the defendant has been convicted of a crime in violation of any of the previously listed crimes twice in the previous 10 years, a conviction of aggravated driving while intoxicated per se is a class D felony.
Are DWI cases involving illegal or prescriptions drugs common?
It is difficult for police officers to detect if you are under the influence of drugs unless they pull you over and there is evidence of drugs in the vehicle. A very important nuanced point to remember is to never ever consent to allowing the police to search your vehicle.
DWI Video FAQs
Should people admit to the police about drinking alcohol?
What happens in refusing a breath test?
What are the strict penalties for DWI?
How can hiring an attorney affect the outcome?
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The personal and financial costs of DWI in The Bronx are too steep to leave to an inexperienced attorney. With our extensive knowledge of DWI law and legal proceedings, we will investigate every aspect of your case.
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