Facing A DUI In New York?

If you are facing a DUI/OUI charge, you need capable legal help from the start of your case. A DUI conviction in New York has serious consequences, including jail time and heavy fines. A knowledgeable attorney can defend your rights and allow you to regain the use of your license.

At Jeffrey L. Hersh, Attorney at Law, we give people in New York tested legal counsel backed by nearly a decade of experience. Our White Plains law firm will strategically represent your best interests in negotiations and in the courtroom.

The Consequences Of A DUI / DWI

Even a first-time DWI conviction in the state of New York can result in steep fines, an expensive interlock device, license revocation and jail time. Minors convicted of a DUI face license suspension for a first offense and license revocation for subsequent offenses until the age of 21. If a driver blows .18 blood alcohol content (BAC) or higher or if they are driving with a child under the age of 15 while intoxicated, they may face an aggravated DWI charge. An aggravated DWI charge carries heavier penalties and, in some instances, may be considered a felony.

Understanding A DWAI Charge In New York

In New York, not all impaired driving charges are the same. Facing a charge for driving while ability impaired (DWAI) is different from facing a DWI charge.

A DWAI is a lesser offense. It means your driving ability was impaired by alcohol to some extent. This is often charged when a person’s BAC is between .05% and .07%. For a first-time offense, a DWAI based on alcohol is a traffic infraction, not a crime. This is a crucial difference that can protect your criminal record.

The consequences of a DWAI conviction carries a mandatory fine of between $300 and $500, plus a mandatory state surcharge and potential jail time of up to 15 days.

Prevent A Mistake Affecting Your Future

Mr. Hersh is a strategic criminal defense attorney who will review your case and create a legal strategy that gets you the best possible outcome. New York offers counseling programs that give those charged with a DUI/OUI an alternative to jail time. We will work with you to create a defense that minimizes the consequences and allows you to move forward with your life.

Legal Guidance For License Suspension And Restoration

If you are charged with a DUI, call our law firm as soon as possible to prevent or shorten a license suspension. We will quickly file the proper paperwork, which may allow you to restore your license and prevent more interruptions in your life. There are strict deadlines for filing this paperwork and waiting can prevent you from driving.

Frequently Asked Questions About DUI/DWI Charges

Here are some of the questions we frequently hear from clients facing DUI charges in New York.

Can I refuse a breathalyzer test, and what are the consequences?

While you technically have the right to refuse a breathalyzer test, New York has implied consent laws that carry automatic penalties for refusal. In New York, refusing a chemical test results in immediate license revocation for at least one year for first-time offenders, with longer suspensions for repeat offenses. You will also face a civil penalty of $500 and be required to complete a drinking and driving program.

Are there any programs or plea options available for first-time offenders?

New York offers alternative programs designed to help first-time offenders avoid the harshest consequences while addressing underlying issues:

• New York Conditional Discharge Program: Allows eligible first-time offenders to avoid conviction by completing alcohol education classes and community service
• Program benefits: Include education about alcohol abuse, assessment for substance abuse issues and potential treatment recommendations
• Early license restoration: Participants may be eligible for earlier license restoration and reduced fines

However, eligibility for these programs depends on specific circumstances, including blood alcohol content levels and whether any aggravating factors were present.

How does a DUI/DWI affect my car insurance rates?

A DUI conviction typically results in dramatic increases to your car insurance premiums, often doubling or tripling your rates for several years. Insurance companies classify DUI offenders as high-risk drivers, leading to placement in specialized insurance pools with significantly higher premiums. Some insurers may cancel your policy entirely, forcing you to seek coverage through high-risk insurance providers.

The increased rates typically remain in effect for three to five years, though some insurers may consider the conviction for up to seven years. Additionally, you may be required to file an SR-22 certificate with your state, which serves as proof of financial responsibility and often comes with additional fees. The total financial impact can reach thousands of dollars annually beyond the immediate fines and court costs associated with the conviction.

Contact Us Today!

Call our White Plains at 203-769-1090 or 914-305-3155 or send our lawyer a message to set up your initial meeting. We also have Spanish translation services available.