Buffalo DWI Attorney
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Were you recently arrested on driving while intoxicated (DWI) charges? Whether you were arrested for a drug or alcohol-related offense, you face losing your driving privileges, fines, and the possibility of being sent to jail – don't let yourself succumb to the criminal justice system, stand up and fight! At Dwan Counter, Attorneys At Law, we are passionate about DWI defense. We understand New York's DWI laws inside and out, as well as all applicable DUI defenses. There are ways to beat DWI charges; we are proud to wage individual battles on behalf of Buffalo's citizens in DWI cases, and we stand ready to defend your constitutional rights too!
You have a right to a strong defense—Call our Buffalo DWI lawyer today!
About DWI Offenses
Driving while intoxicated is a serious offense in New York. To determine whether or not a driver is legally within their right drive or too impaired the law uses blood-alcohol concentration (BAC).
The law enforced the following BAC levels when charging a DWI:
- BAC .08% and higher is illegal
- If driving a commercial vehicle, a BAC of .04% and higher is illegal
- If you are under 21 years old, a BAC of .02% and higher is illegal
What type of penalties could you face?
The consequences you are facing will depend heavily on the circumstances involved in your case, such as previous convictions, your BAC, or if any injuries or accidents were caused by your driving.
New York lays out the following DWI laws:
- First offense: This is a misdemeanor and carries up to 1 years in jail, between $500 and $1,000 in fines, and a minimum license suspension of 6 months.
- Second offense: This can be a misdemeanor or felony and carries up to 4 years in jail. In addition, you will owe between $1,000 and $5,000 in fines and have your license suspended for at least a year. You will be required to install an ignition interlock device as well.
- Third/subsequent offenses: this can be a misdemeanor or felony as well and carries up to 7 years in jail and between $2,000 and $10,000 in fines. You will also have to install an IID and have your license suspended for a minimum of a year.
Certain factors may serve to aggravate the charges and associated penalties you face. For example, if a child was present in the vehicle at the time of the arrest or if your alleged BAC was 0.18 or higher, you could be facing heavier penalties. Additionally, if you were convicted of a misdemeanor or felony within the last decade, your charges could be elevated as a repeat offender.
You may also face the following additional penalties:
- Mandatory drug or alcohol evaluations and/or treatment courses
- Attending a "Victim Impact Panel" event
- Completing a DWI instruction and prevention course at the DMV
- Restitution to any victims involved in an accident
Can You Get Your DWI Case Thrown Out?
There are many reasons why DWI charges can be fought and thrown out. Here are some of the most common reasons that charges are thrown out:
- The police stop did not have probable cause
- Your rights were violated in any way
- Chemical test were contaminated
- Field sobriety test were not conclusive
- Bad calibration of the breathalyzer test
A skilled Buffalo DWI attorney can comb through your situation and pinpoint the weaknesses in your case. In some circumstances a DWI can be completely dismissed. If it cannot be dismissed there is a possibility that your case could be reduced to a Driving While Ability Impaired, which would mean much less severe consequences.
Schedule Your Free Consultation Today
Do not let a DWI charge keep you off the road and damage your reputation and future. Our Buffalo DWI lawyers at Dwan Counter, Attorneys At Law may be able to help you. We have years of experience handling these types of cases, and we maintain a reputation as a caring, dedicated law firm. Our law office is based in Buffalo's Allentown district.
Contact Dwan Counter, Attorneys At Law today to schedule your free case evaluation. One phone call could be the first step toward the defense you need and the resolution you deserve.