Our Defense Attorneys Fight Driving While Impaired By Alcohol Or Drugs Charges
A DWI can have far-reaching consequences on your reputation, your family life, your job and your finances. Arrests and convictions are part of the public record, which will turn up on background checks and may appear in media reports. A DWI could seriously impact your career and earnings, even getting you suspended or fired, especially if you hold a civil service job, professional license or drive for a living.
You can count on Joey Jackson Law, PLLC., for a strong defense against any DWI charges. Attorney Joey Jackson is a well-known and respected criminal defense lawyer in New York City with over 25 years of practice.
Joey Jackson Law, PLLC., will aggressively defend you through every step of the legal process with savvy advice and responsive service. We know all the tactics the police and prosecutors may employ against you, and we know how to counter them. We do not back down from any challenge. When we negotiate on your behalf, you can count on us to stand firm until we are confident we have gotten the best possible results for you.
Types Of DWI Charges In New York
A DWI arrest may result in a driver being charged with one or more of the following offenses. The police may also file related charges, such as traffic violations, such as speeding or running a traffic light, open container, drug possession, or resisting arrest.
- Driving while intoxicated (DWI) occurs when a driver’s blood alcohol content (BAC) is .08 or higher. Commission of a repeat DWI comes with more serious consequences than a first-time DWI.
- Driving while intoxicated in a commercial vehicle (CDL DWI) occurs when the driver’s BAC is .04 or higher. A BAC of .04 to .06 is called level 1, and a BAC of more than .06 but less than .08 is called level 2.
- Aggravated driving while intoxicated (aggravated DWI) requires a BAC of .18 or higher.
- Driving while ability impaired by alcohol (DWAI/alcohol) can be charged when the driver’s BAC is more than .05 but less than .08.
- Driving while ability impaired by a single drug other than alcohol (DWAI/drug) can be charged when a driver’s blood, urine or any other chemical test shows any trace of a controlled substance as defined by New York Public Health law.
- Driving while ability impaired by a combined influence of drugs and/or alcohol (DWAI/combination) occurs when a driver’s chemical test shows any trace of a controlled substance or another intoxicating drug in combination with alcohol.
- Chemical test refusal occurs when, as required by New York’s “implied consent” law, a driver refuses to submit to chemical testing when the police have probable cause to believe the driver committed DWI. Refusal is not a crime but does carry penalties.
- Zero tolerance violation occurs when a driver under age 21 has a BAC of .02 to .07. This is charged as a traffic violation, not a crime.
See our DWI penalties pages for more information on the consequences of these offenses.
Ways To Challenge DWI Charges In New York
To be convicted of DWI, the district attorney (DA) prosecuting your case must prove that you are guilty beyond a reasonable doubt. For every piece of evidence the DA has, there is generally a way to counter it. At Joey Jackson Law, PLLC., we will conduct our own investigation of the circumstances surrounding your arrest and then develop a defense strategy to meet the prosecution’s case head on. There are many ways to challenge DWI charges, including:
- Invalid traffic stop due to lack of reasonable suspicion of a crime
- Invalid arrest due to lack of probable cause
- Errors in conducting or interpreting performance on field sobriety tests
- Invalid procedures used to conduct chemical tests
- Testing equipment not properly calibrated
Speak To Our Lawyer For DWI Defense
If you have been charged with any type of DWI, you have much at stake. For the top-notch defense you deserve, call Joey Jackson Law, PLLC. Contact our Manhattan office at 833-563-9522 to schedule a meeting with one of our top DWI defense attorneys.