Criminal Defense Practice Areas

DWI FAQ in Syracuse

Answers from an experienced Syracuse drunk driving attorney

At DeRoberts Law Firm, we want to keep our clients informed about important information regarding DWI charges. We have provided answers to the following common questions about DWIs:

  • Should I refuse to take the Breathalyzer?
  • My blood alcohol content was under 0.08 ? so why was I charged with drunk driving?
  • Can I drive after I am charged with a DWI?
  • What if I drive on a suspended license?
  • Can I get my New York DWI expunged?
  • How does a DWI affect my car insurance?

Syracuse DWI law firm

Having an aggressive Syracuse DWI law firm can make a difference in the outcome of your case. For tough legal defense, you need DeRoberts Law Firm. Contact us at 315-479-6445 or send an e-mail for a free initial consultation.

Should I refuse to take the Breathalyzer?

New York has an implied consent law, which means that you agree to submit to DWI testing if you get pulled over on suspicion of a DWI as a condition of having a New York driver?s license. If you refuse to take a Breathalyzer after a police officer pulls you over, your driver?s license will be revoked for at least one year.

My blood alcohol content was under 0.08 ? so why was I charged with drunk driving?

When your blood alcohol content (BAC) is between 0.05 and 0.07, you can be charged with Driving While Ability Impaired (DWAI) in New York. Even though your BAC is under 0.08, the legal limit, you still face penalties. Your driver?s license will be revoked for 90 days and you will be fined $300-500.

Can I drive after I am charged with a DWI?

Under New York law, your driver?s license is suspended while your DWI charge is pending. If you are convicted, your license is revoked from anywhere between six months and eighteen months. If this was your first DWI conviction, you may be able to get a conditional license if you participate in the Drinking Driver Program (DDP). The DMV decides if you are eligible for the DDP but a judge can stop your enrollment.

What if I drive on a suspended license?

If you drive while your driver?s license is suspended or revoked, you can be charged with Aggravated Unlicensed Operation (AUO). If your license was suspended or revoked due to an alcohol-related charge or conviction, or you refused a Breathalyzer, and you are charged with an AUO, the punishment is a mandatory $500-1,000 fine and either prison time of 7-180 days or probation. If you drive with a suspended or revoked license while under the influence of drugs or alcohol, the AUO will be charged as a felony, with a fine up to $5,000, mandatory imprisonment of up to four years or probation, and possibly seizure and forfeiture of your vehicle.

Can I get my New York DWI expunged?

If your DWI charge did not result in a conviction, you can get the charge expunged. However, New York does not allow for the expungement of DWI convictions.

How does a DWI affect my car insurance?

A DWI can cause your car insurance company to cancel your insurance or increase your premiums if the insurance company classifies you as a high-risk driver. The rate of the increase and how quickly after your DWI conviction your premium increases depends on the insurance company and your specific situation.

If you are facing a drunk driving charge in Syracuse, NY, contact the DeRoberts Law Firm today. We are relentless in our defense of your rights. Our legal strength and dedication makes the difference when it comes to the harsh DWI penalties in New York. Call us at 315-479-6445, or send an e-mail for a free initial consultation.

 

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