Why Do You Need a NY DWI Defense Attorney?

Actually, let’s put a finer point on it: why do you need Catalano & Carpenter LLP as your DWI defense attorneys?

Do you perform your own dental work? How about your own surgeries? Hell, I won’t even attempt to work on my own car, and I’m pretty sure I’m not alone there! But you still think you can defend your own DWI?

There’s a reason each of those areas have people devoted solely to practicing them, people called professionals. Because it just makes sense to leave those tasks to the people who know what they’re doing, who have trained for years with the very instruments needed to solve your problem; people who know what they’re looking at and what they’re talking about. And for better or worse, that includes attorneys.  

A “professional” is a person engaged or qualified in a profession; basically someone who can honestly say "[this] is my thing." The law is an attorney's "thing." More specifically, DWI is a DWI defense attorney's thing, and in some ways a lot like that car engine of yours that knocks on the highway: there's something not quite right with it, you know it, no doubt in your mind. But if you take that engine apart yourself to fix that knock, you're just going to end up needing a new car... with no trade-in to help! 

When it comes to your DWI, I’ll bet most of you feel the same way: "There’s something squirrelly about that stop/arrest/cop/machine/(insert issue of your choice here) because I know I wasn’t drunk!"

And you may be right! But how are you going to prove it? Go into court and ask the cop a bazillion irrelevant and potentially damaging questions until you hopefully stumble upon the real problem? Argue ineffectively with the judge until he or she hopefully agrees with you just to shut you up? Or stare at the pages of discovery that mean absolutely nothing to you until you go cross-eyed and decide to fake it?

Trust me, I’ve seen each of those approaches in action (by pro se defendants AND ill-prepared attorneys) and I wouldn’t recommend any one of them. You go down that road and you’ll be no better off than the person with a car engine in a 100 different pieces on the floor in front of them…sure you may have found the problem, but the engine - and ultimately the car - is in all likelihood lost forever.  

DWI defense is not - and absolutely cannot - be approached in the same manner as a first-day auto shop student gutting a 1970 Gremlin. It requires recognition of very specific – and often very technical – legal and scientific issues. And once those issues are spotted, it’s even more important to know what to do with them! (“Uh…I know this weird little octopus-looking thing came from something important on that engine…”).  This can only be done accurately and effectively by an experienced and knowledgeable DWI defense attorney (notice that I said DWI defense attorney, not criminal defense attorney…see my previous article for more on that).

The DWI defense attorneys of Catalano & Carpenter LLP have that experience and knowledge. And even the smallest issue in the hands of an attorney who actually knows what to do with it has the potential to dramatically improve the outcome of your case.

If you want to get rid of that troublesome and potentially disastrous knock in your engine, you need a professional to fix it as soon as possible so you can keep moving forward.

You need Catalano & Carpenter LLP. Call us today at (845) 454-1919 or visit us online to schedule a free DWI consultation.      

How Much Does a NY DWI Attorney Cost?

Allow me to answer your question with a few questions of my own (I am a lawyer after all):

What’s more important to you: Saving a few bucks on a cheap(er) attorney?  Or keeping your driver’s license?  Keeping your job?  Protecting your future?  Keeping your freedom?

An attorney’s fee is obviously a very important consideration when deciding who should represent you in your DWI case (or any criminal case for that matter).  But that’s all it should be, a consideration.  To hire an attorney based on fee alone may be the biggest mistake you could ever make in your life.   And if you make the wrong choice, it could very well cost you some of the most important things in your life.   It’s your life.  You should want to fight for it and do what needs to be done to have the best opportunity to protect it.

That doesn't mean you should run out and hire the most expensive attorney you can find thinking that by handing over your life savings your case will automatically be dismissed!  But it does mean you shouldn't balk at the attorney who has a slightly higher fee than others.  Instead, ask yourself why they charge more.  Check that.  Ask the attorney why he or she charges more!  If they can’t give you a legitimate explanation, well, then grab your coat and hat and get the hell out of there.   

But any acceptable explanation should educate you as the potential client as to that particular attorney’s experience as a DWI defense attorney.  Note that I said experience specifically as a DWI defense attorney, not just experience as an everyday “defense attorney”.  Remember Venn Diagrams from school?  Think of it like that:

All DWI defense attorneys are criminal defense attorneys; but not all criminal defense attorneys are DWI defense attorneys.

An attorney who has more experience defending DWI clients should charge a little more than another attorney who doesn’t have so much experience, don’t you think?  All of those years of experience are valuable; they’re worth something, not just to the attorney, but to you as the client! 

• Experienced DWI defense attorneys know what to look for; they know where the potential problems are and where potential points may be scored against the prosecution.  
• They know the Assistant District Attorneys who prosecute DWI offenses; which ones negotiate and how best to do it. 
• They know the individual judges and their personal policies and pitfalls with respect to DWI cases.
• They know the arresting officers, not just from seeing their names on the paperwork, but from interacting with them at hearings and trials; they know how the officers will react on the stand. 
• They know how chemical test machines work, what the potential problems with the machines are, and what all those pages with all the little numbers all over the place mean (and what the little numbers themselves mean!).
• They know how each consequence of each conviction or disposition will affect every client. 
• They understand and can explain to you what actions the DMV will take in certain circumstances and how that might affect your overall case.
• They know how to handle a refusal and what happens at a refusal hearing, and how the result of that hearing will affect your criminal cases.
• And countless other nuances to DWI defense that the unfamiliar attorney who merely dabbles in DWI defense will never understand. 

All of that experience and knowledge significantly increases your chance of getting a decent resolution (although, as with all things in life and Vegas, there is never a guarantee).

So, really, wouldn't you want the person who knows more than the other guy about something that can quite possibly affect the rest of your life?  And those few extra dollars you spend now on the attorney worth his or her salt in DWI defense could actually end up saving you hundreds and possibly thousands of dollars at the conclusion of your case.

The DWI defense attorneys at Catalano & Carpenter LLP strive to provide exemplary service to all of our clients, DWI and otherwise.  Sure, sometimes we’re a little more expensive than some other attorneys in the area (and sometimes we’re not), but no matter what the fee or the case, our clients can rest assured they are receiving the highest service we can possibly provide. 

If you or someone you care about has been charged with DWI, call the experienced DWI defense attorneys at Catalano & Carpenter LLP at (845) 454-1919 today or visit us at www.CatalanoCarpenter.com to schedule a free no obligation consultation.

Underage DWI and New York Zero Tolerance Laws

If you’re under 21 at the time of your arrest for an alcohol-related driving offense, the penalties for a conviction may vary greatly from the same conviction for someone over 21.  That only makes sense tho, right? The law says you can’t drink at all. So by drinking and driving, you’re breaking even more laws than the person over 21 who also made the poor choice to drink and drive!  But believe it or not, your age may actually work to your advantage if you do get arrested for DWI under 21!

Generally speaking, there are two ways an underage DWI can go down: it can be handled 1) in the criminal courts (as an underage/possible youthful offender), or 2) at the administrative/DMV level (as a Zero Tolerance violation).  This blog entry discusses only Zero Tolerance laws.        

How your case is ultimately resolved will depend on many factors, including what you are initially charged with, obviously!  A violation of the Zero Tolerance Law (VTL 1192-a) is a chargeable offense (if your BAC at the time you were driving was between .02 and .07).  However, most law enforcement agencies (at least most of the ones I deal with on a regular basis) rarely, if ever, charge a violation of 1192-a.  They will instead issue a violation of Driving While Ability Impaired (DWAI) in violation of VTL 1192(1) and let the chips fall where they may.  In that situation, it is up to your attorney to convince the prosecutor why you should be granted the enormous break of a Zero Tolerance adjudication rather than an alcohol related conviction. 

So what is so great about a Zero Tolerance adjudication?  Plenty!  Below is a list of just what a Zero Tolerance adjudication involves in terms of penalties and other sanctions.  Keep in mind this list applies only to Zero Tolerance adjudications (not criminal convictions).  

Prompt Suspension Law (“suspension pending prosecution”)

In the case of underage offenders charged with a violation of VTL 1192(1) – DWAI – only, the court will suspended the person’s license/permit/driving privileges at the first appearance (as opposed to a person over 21 who cannot be suspended pending prosecution unless there is proof of a BAC of .08 or higher, i.e., DWI or Aggravated DWI only).

Conversely, the license/permit/driving privileges of a person charged with a violation of VTL 1192-a (the Zero Tolerance Law) only cannot be suspended at arraignment, or where your attorney has worked out a Zero Tolerance resolution with the prosecutor prior to your first appearance. (Clearly then it is to your advantage to call us immediately after your arrest to provide us an opportunity to resolve your case prior to arraignment).

Zero Tolerance Penalties/Sanctions

First Offense

• NOT a criminal conviction;
• License/permit/driving privileges suspended for 6 months;
• If a refusal (first offense), revoked for at least one year;
• Registration may be suspended for 6 months;
• $125 civil penalty;
• Likely eligible for Drinking Driver Program (DDP) and a conditional license; and
• Successful completion of DDP may result in early termination of 6 month suspension

Second Offense***

• NOT a criminal conviction;
• License/permit/driving privileges revoked for at least one (1) year or until the person reaches the age of 21, whichever is longer;
• If a refusal (second offense); revoked for at least one (1) year or until the person reaches the age of 21, whichever is longer;
• Registration may be revoked for at least one (1) year or until the person reaches the age of 21, whichever is longer;
• $125 civil penalty;
• NOT eligible for DDP or conditional license.

***Keep in mind, however, that if you’ve already been permitted one Zero Tolerance adjudication by the prosecutor, the odds of a second within such a short period of time are very slim!

Records are Sealed/Destroyed

All records of a Zero Tolerance adjudication are deemed destroyed after 3 years from the date of a hearing resulting in a Zero Tolerance finding or entry of waiver of hearing, or when the person reaches the age of 21, whichever is longer.

The attorneys at Catalano & Carpenter LLP have obtained Zero Tolerance adjudications for many drivers under the age of 21 who were initially charged with violations of VTL 1192. If you are under 21 and have been arrested for an alcohol related driving offense, call us today to discuss your options and whether you may be appropriate for a Zero Tolerance adjudication (please note that if your BAC is anywhere near your age, you’re not getting a Zero Tolerance offer, plain and simple; but other favorable dispositions may still be available).  

A Zero Tolerance adjudication is a great resolution in those cases where a dismissal, ACD, or plea to a lesser traffic violation is not warranted or possible (which is the case in many if not most DWI prosecutions).  The knowledgeable and skilled DWI defense attorneys at Catalano & Carpenter LLP know the ins and outs of obtaining a Zero Tolerance offer.  If you have been arrested for an alcohol related offense and are under 21, call us today at (845) 454-1919 or visit us at www.CatalanoCarpenter.com to schedule a free consultation.  The sooner you call the sooner we can help.

For more information about Zero Tolerance Laws and penalties, visit the following sites:

Safe NY - http://www.safeny.ny.gov/zero-tol.htm

NYS DMV - http://dmv.ny.gov/tickets/penalties-alcohol-or-drug-related-violations

Driving While Intoxicated (DWI) in Violation of NYS VTL Sec. 1192.3.

Driving While Intoxicated.     No person shall operate a motor vehicle while in an intoxicated condition.

NY VTL 1192.3.

Although this may seem like a pretty straightforward law (don't drive while intoxicated!), proving someone has violated it is really not that simple.  Most DWI defense attorneys chomp at the bit when a lone 1192.3 charge comes through the door because there's no BAC to cause headaches.

BAC's are bad.  Juries love BAC's..."A computer says that the BAC was .10, so it must be accurate, and the defendant must be guilty!"...says the jury.

And even tho DWI defense attorneys should, at a minimum, attempt to discredit a chemical test result/machine when there is a BAC, at the end of the day juries are reluctant to disregard what they consider to be hard evidence of intoxication unless there was proof of a malfunction or some other bona fide error.

But you don't have to deal with that on an 1192.3 charge!  The fertile ground to explore in a VTL 1192.3 charge is the subjective observations of the arresting officer and any other witnesses.  To a criminal defense attorney, that's good stuff! But what does that mean?

Opinion! That's what that means.  Although a major factor in an 1192.3 arrest is the driver's performance on the Standardized Field Sobriety Tests (which aren't really very standardized), it should also be based upon the arresting officer's overall opinion (formulated from his or her entire observations) that the driver is intoxicated.  Think about that for a second.  The arrest is premised upon the observations of a person who (in most cases) has never met the driver before; has no idea how the driver looks, behaves or moves on any given day.

Obviously, if a driver has to clear the beer cans from his lap before he pours himself out of the car and throws up clear vodka on the officers shoes, that may be a bit of a no-brainer.  But that's not the typical situation (I hope!).

With regard to all DWI stops (for 1192.2, 1192.3 or otherwise), the officer is trained to observe the driver from the instant contact is made (meaning, once they come into contact with the vehicle, not necessarily the driver).  They will watch for erratic operation or a violation of a traffic law (or worse) and use that as the basis to initiate the stop.  The officer will observe when and how the vehicle responds to the direction to pull over.  After the officer arrives at the vehicle, observations through the door/window are being made of the driver's physical appearance, eyes, odor, speech and motor coordination; observations of how the driver exits the vehicle, and ultimately how the driver performs on the Standardized Field Sobriety Tests (SFSTs).  And if there's no BAC (and there wouldn't be for just an 1192.3 charge), that's the prosecutor's entire case, ladies and gentlemen!***

And what fun a skilled DWI defense attorney can have cross-examining the arresting officer about his or her subjective opinions, subjective application and interpretation of the SFSTs (physical tests requiring movement and coordination not normally engaged in by the every day driver), and the officer's subjective state of mind (before any probable cause has been established) as s/he pulled someone over at 2:00 AM on a Friday night for an innocuous speeding violation.

(*** Generally in a case where the only DWI related charge is an 1192.3, it may be because the driver refused to provide a sample for chemical test analysis (i.e., a "refusal").  In that case, there are certain consequences of the refusal that come into play at the criminal trial.  Specifically, in most circumstances the jury may be given a "refusal charge," which permits to prosecutor to inform the jury that the driver's refusal to provide a sample was a conscious decision because the driver knew he or she would fail the test, i.e., "consciousness of guilt."  That can be difficult to contend with at trial, but not impossible.  Similarly, there will be the civil consequences of a refusal; that topic is dealt with in a previous entry.)

Cases charging just a violation of 1192.3 occur a lot.  And although they are typically hampered by a related refusal charge, the skilled DWI defense attorneys at Catalano & Carpenter LLP know how to effectively challenge the evidence of an 1192.3 arrest, minimize or leverage the refusal, if one exists, and in many cases are able secure a pre-trial plea or trial verdict of a DWAI violation or other non-criminal resolution.

No matter the charge, a DWI arrest is serious and can result in serious and immediate consequences.  If you have been arrested for any DWI offense, call the knowledgeable and experienced DWI defense attorneys at Catalano & Carpenter LLP today at (845) 454-1919, or visit us online at www.CatalanoCarpenter.com to schedule a free consultation.

NYS VTL 1192.2-a(a). Aggravated Driving While Intoxicated

(a) Per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by a chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section 1194 of this article. 

(b) With a child. No person shall operate a motor vehicle in violation of subdivision 2, 3, 4 or 4-a of  this section while a child who is 15 years of age or less is a passenger in such motor vehicle. 

NY VTL 1192.2-a.

Aggravated DWI in NY comes in two forms: (1) driving with a BAC of .18 or higher, or (2) driving while intoxicated or impaired by drugs with a child under 16 years old in the car.

However, while a first offense of subdivision (a) is a misdemeanor, a first offense of subdivision (b) is an automatic felony (and the subject of another post), regardless of how squeaky clean your criminal or driving history may be.

A charge of misdemeanor aggravated DWI will result in the suspension of your driving privileges at arraignment, the very first court appearance, before you have been found guilty of anything.  And the penalties for an actual conviction of misdemeanor aggravated DWI are significant.

Penalties

First Offense

• Punishable by a fine of between $1,000 to $2,500, up to one (1) year in jail, or both a fine and jail;
• Possible probation;
• Mandatory state surcharge/fees of $400; 
• License/driving privileges revocation of one (1) year;
• Driver Responsibility Assessment fee of $750; and 
• Ignition Interlock Device ("IID") installed and maintained at defendant's expense for no less than 6 months.

A person convicted of aggravated DWI will most likely also be required to complete various programs (e.g., Victim Impact Panel ("VIP") and Drinking Driver Program ("DDP")), as well as an alcohol and/or substance abuse evaluation, all at the defendant's expense. 

Second Offense (more than 10 years from prior any DWI conviction)

• Punishable by a fine of between $1,000 to $2,500, up to one (1) year in jail or both a fine and jail;
• Possible probation;
• Mandatory state surcharge/fees of $400;
• License/driving privilege revocation of 18 months;
• Driver Responsibility Assessment fee of $750; and 
• Ignition Interlock Device ("IID") installed and maintained at defendant's expense for no less than 6 months.  

A person convicted of aggravated DWI will most likely also be required to complete various programs (e.g., Victim Impact Panel ("VIP") and Drinking Driver Program ("DDP")), as well as an alcohol and/or substance abuse evaluation, all at the defendant's expense. 

Second Offense Within 5 Years

A second DWI offense within 10 years of a prior DWI related conviction would most likely be charged as a class E felony,subject to higher fines and up to 4 years in state prison.  The experienced DWI defense attorneys at Catalano & Carpenter LLP may be able to avoid a felony conviction in certain cases (if the charge can't be beaten altogether), in which case the defendant would be subject to the typical second misdemeanor offense penalties above, but with the additional penalty of

• Either 5 days in jail or, alternatively, 30 days of community service. 

Third or Subsequent Offense Within 5 Years

Likewise, a third or worse DWI offense within a 5 year period would most likely result in a charge of DWI as a class D felony, again, punishable by even higher fines and up to 7 years in state prison.  A successful reduction of such a felony to yet another misdemeanor conviction would similarly result in the same penalties as a second misdemeanor offense within 5 years, but this time with:

• Either 10 days in jail or, alternatively, 60 days of community service. 

Any charge of DWI, aggravated, felony or otherwise, can be devastating to both the defendant and the defendant's family.  And those consequences can be felt immediately after the arrest.  It is therefore critical that anyone charged with an alcohol related driving offense speak with an experienced and knowledgeable DWI defense attorney immediately. 

The DWI defense attorneys at Catalano & Carpenter LLP have established a reputation for aggressively and successfully defending and protecting the rights of individuals throughout the Hudson Valley charged with alcohol related driving offenses. 

If you are charged with any alcohol related driving offense, call the experienced DWI defense attorneys at Catalano & Carpenter LLP today at (845) 454-1919 to schedule a free consultation, or visit us online at www.CatalanoCarpenter.com. 

Driving While Intoxicated (DWI) in violation of NYS VTL Sec. 1192.2

Driving while intoxicated; per se.             No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article.

NY VTL 1192.2.

This is the DWI offense charged when you provide a sample of your blood, breath, urine or saliva for a chemical test, typically at the police station (not as a result of blowing into the little box on the side of the road) and the result is a .08 BA or higher.  So, if you don’t provide that sample for the chemical test, you cannot be charged with a violation of 1192.2.  Be advised, however, there are alternative consequences to not providing a sample, i.e., refusal hearings and revocations, and in some instances the court can order a compulsory blood draw for chemical test purposes.  Alternatively, if you do provide a sample and the BAC is .18 or higher, you will be charged with a violation of 1192.2-a(a), Aggravated DWI, instead of 1192.2.

An 1192.2 charge will also almost certainly guarantee that your license or NYS driving privileges will be suspended pending prosecution at your arraignment.  The court may grant you a hardship privilege at that time, and if you’re eligible, you may apply for a conditional license after 30 days.

A “first offense” conviction of 1192.2 is a misdemeanor, a criminal conviction, and will result in a criminal record.

Penalties

As long as the instant offense is not a second (or more) DWI (either an 1192.2, 1192.2-a, 1192.3,1192.4 or 1192.4-a) within 10 years, it will be a “first offense” DWI, a misdemeanor, subject to the following penalties:

First offense

• Misdemeanor;
• Punishable by a fine of between $500 and $1,000, up to one (1) year in jail, or both fine and jail;
• Possible probation;
• Surcharge of $400;
• DMV driver responsibility assessment of $750;
• Installation of the Ignition Interlock Device (IID) for at least 6 months; and
• License or NYS driving privilege revocation for at least 6 months.

You will most likely be required to attend and complete various programs and classes (DDP and/or VIP), as well as alcohol or substance abuse screening, all at your expense.

Second offense

• Misdemeanor;
• Punishable by a fine of between $500 and $1,000, up to one (1) year in jail, or both fine and jail;
• Possible probation;
• Surcharge of $400;
• DMV driver responsibility assessment of $750;
• Installation of the Ignition Interlock Device (IID) for at least 6 months; and
• License or NYS driving privilege revocation for at least 1 year (or 18 months where prior conviction was for 1192.2-a).

You will most likely be required to attend and complete various programs and classes (DDP and/or VIP), as well as alcohol or substance abuse screening, all at your expense.

Second offense within 5 years

A second offense within 10 years of a previous DWI conviction for either 1192.2, 1192.2-a, 1192.3,1192.4 or 1192.4-a may be charged as a felony DWI, in this case, E Felony DWI, subject to much more substantial penalties than a misdemeanor.  The possibility exists, however, that even a felony DWI charge may be reduced to a misdemeanor.  In that case, the penalties for this second offense will typically be the same as a first offense, with the addition of:

• Either 5 days in jail or, alternatively, 30 days of community service.

Third or subsequent offense within 5 years

Again, a serious possibility for a felony charge exists under these circumstances, in this case, D Felony DWI.  However, in the event the matter ends up being resolved with yet another misdemeanor DWI, the same penalties as a first offense would apply, with the addition of:

• Either 10 days in jail or, alternatively, 60 days of community service.

There are many important things to look for with regard to an arrest for 1192.2, beginning with the initial consultation.  An experienced DWI attorney will know what those things are and how to use them to your advantage.

And although a regularly calibrated and well-maintained machine produced a reading of .08 or more, there may still be ways to call into question the operability of the machine or even the qualifications (or lack thereof) of the breath test machine operator.  This all goes to the creation of reasonable doubt.  Machines are good, but not infallible.  

As with all alcohol related driving offenses, the consequences of not just a conviction but the arrest itself can be devastating.  It is therefore critical that anyone arrested for and charged with any violation of VTL 1192 contact a knowledgeable and experienced DWI attorney immediately.

The attorneys at Catalano & Carpenter LLP have established a reputation for aggressively and successfully defending and protecting the rights of individuals throughout the Hudson Valley charged with alcohol related driving offenses.  If you or someone close to you has been charged with any alcohol related driving offense, call Catalano & Carpenter LLP today at (845) 454-1919 for a free consultation, or visit us online at www.CatalanoCarpenter.com.  

Driving While Ability Impaired (DWAI) in violation of NYS VTL Sec. 1192.1.

No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol.

NYS VTL Sec. 1192.1.

While there is no statutory provision defining what BAC constitutes impairment, the general rule is that a person is DWAI if they have a BAC of more than .05 but less than .07, or there is other evidence of impairment.

The “other evidence of impairment” is essentially a catch-all provision.  Because alcohol affects everyone differently, a driver may have a BAC of only .04, or even a .03, but still be “impaired” under the law, and therefore subject to prosecution.  A person’s ability to operate a motor vehicle is “impaired” by alcohol when the physical and mental abilities which such person is expected to possess in order to operate a vehicle as a reasonable and prudent driver are impaired to any extent. 

“To any extent” is a subjective determination made by the arresting officer (or any other witnesses) and will typically be based upon any of the following:

• the defendant’s physical condition and appearance, balance and coordination, and manner of speech;
• the presence or absence of an odor of alcohol;
• the manner in which the defendant operated the motor vehicle;
• opinion testimony regarding the driver’s sobriety (usually based on performance of field sobriety tests); and
• the circumstances of any accident. 

If a BAC was obtained, that will obviously be a consideration, as well.

Penalties

Provided the instant offense is not the third (or more) such offense within the 10 years, a DWAI conviction is a traffic infraction.  A traffic infraction is not a crime.  However, the third or subsequent such offense within a 10 year period will be deemed a misdemeanor, which is a crime and may result in a criminal conviction/record.

The penalties for a DWAI conviction are as follows:   

First offense

• Traffic infraction;
• Punishable by a fine of between $300 and $500, or by up to 15 days in jail, or both a fine and jail;
• Surcharge of $260;
• DMV driver responsibility assessment of $750; and
• License or NYS driving privileges will be suspended for 90 days (unless you are under 21 or possess a CDL). 

Second offense within 5 years

• Traffic Infraction;
• Punishable by a fine of between $500 and $750, or by up to 30 days in jail, or both a fine and jail;
• Surcharge of $260;
• DMV driver responsibility assessment of $750; and
• License or NYS driving privileges will be revoked for at least 6 months. 

Third or subsequent offense within 10 years

• Misdemeanor;
• Punishable by a fine of between $750 and $1,500, or by up to 180 days in jail, or both a fine and jail;
• Surcharge of $400;
• DMV driver responsibility assessment of $750; and
• License or NYS driving privileges will be revoked for at least 6 months.

Depending on the specific circumstances of your case, you may will also be required to attend and complete various programs and classes (DDP and/or VIP), as well as alcohol or substance abuse screening, all at your expense.

Although only a non-criminal traffic infraction, a conviction for even a first offense DWAI can be devastating; from paying high fines along with the associated collateral expenses (e.g., attorney’s fees, programs and screening costs) to prolonged license revocation to possible loss of employment.   However, because a DWAI arrest may be based on so many subjective factors, there may be substantial opportunity to negotiate a plea to a reduced offense or beat the charge entirely at trial. It is therefore critical that anyone arrested for and charged with a violation of DWAI (VTL 1192.1) contact a knowledgeable and experienced DWI attorney immediately.

The attorneys at Catalano & Carpenter LLP have established a reputation for aggressively and successfully defending and protecting the rights of individuals throughout the Hudson Valley charged with alcohol related driving offenses.  If you or someone close to you has been charged with any alcohol related driving offense, call the Catalano & Carpenter LLP today to schedule a free consultation at (845) 454-1919, or visit us online at www.CatalanoCarpenter.com.