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When it comes to Common Law DWI – don’t risk your family, your license, your job, or your financial future. Our Attorneys have the experience to defend you and fight your Common Law DWI charge. Our relationships and understanding of local courts, judges and prosecutors are key to helping our clients get the best possible legal outcomes.

Defending Common Law DWI Charges in New York State: Strategies and Considerations

A Common Law DWI charge in New York State (NYS) is a charge of driving while intoxicated, even if the driver’s blood alcohol content (BAC) is not at or above the legal limit of 0.08%. This type of DWI charge is often brought against drivers who refuse to take a breathalyzer test.

To prove a Common Law DWI charge, the prosecution must show that the driver was operating a motor vehicle while their ability to operate the vehicle was impaired by alcohol or drugs. This can be done by using a variety of evidence, including:

  • The driver’s physical condition, such as slurred speech, bloodshot eyes, and an unsteady gait
  • The driver’s driving behavior, such as erratic driving, weaving in and out of lanes, and failing to obey traffic signals
  • The driver’s responses to field sobriety tests
  • The odor of alcohol on the driver’s breath
  • The presence of alcohol or drugs in the driver’s vehicle

If the prosecution is able to prove beyond a reasonable doubt that the driver was operating a motor vehicle while their ability to operate the vehicle was impaired by alcohol or drugs, the driver can be convicted of a Common Law DWI.

Penalties for a Common Law DWI Charge in New York State
  • Up to one year in jail
  • Up to three years of probation
  • A fine of $500-$1,000
  • A mandatory driver’s license revocation for at least six months
  • Required installation and maintenance of an ignition interlock device for one year
  • Participation in a drunk driver program
  • Attendance at a victim impact panel

The specific penalties that a defendant faces will depend on the facts of the case and the defendant’s criminal history. For example, a defendant with a prior DWI conviction may face more severe penalties than a defendant with no prior DWI convictions.

It is important to note that a conviction for common law DWI in NYS will result in a permanent criminal record. This can have serious consequences for the defendant’s employment, housing, and other aspects of their life.

If you are facing a common law DWI charge in NYS, it is important to speak with an experienced DWI attorney as soon as possible. An attorney can help you understand your legal rights and options, and can build a strong defense on your behalf.

Building a Robust Defense Strategy

Evaluating the Traffic Stop: The foundation of any Common Law DWI defense begins with a thorough examination of the traffic stop. Was there probable cause to initiate the stop? Were the proper procedures followed by law enforcement? Any violations of the defendant’s Fourth Amendment rights can significantly impact the case’s validity.

Challenging Sobriety Tests: Common Law DWI cases often involve field sobriety tests, which can be subjective and prone to human error. Our experienced attorneys meticulously scrutinize the administration of these tests to identify any inconsistencies or improper procedures that could undermine their reliability.

Questioning Chemical Tests: Chemical tests, such as breathalyzers, urine or blood tests, are crucial pieces of evidence in Common Law DWI cases. However, these tests are not infallible. Our legal team will investigate whether the testing equipment was properly calibrated, maintained, and operated by certified personnel. If there are discrepancies, the validity of the test results can be called into question.

Medical Conditions and Prescription Medications: Some medical conditions and prescription medications can lead to impaired driving without the presence of alcohol or illegal drugs. Our defense strategy explores the possibility of a medical condition or medication affecting the defendant’s ability to operate a vehicle safely.

Constructing Alternative Explanations: We work closely with our clients to gather detailed accounts of the events leading up to their Common Law DWI charge. By understanding the context and circumstances, we can build alternative explanations for their behavior that may not necessarily point to impairment.

Navigating Legal Options

Our legal team is well-versed in the nuanced laws of New York State, including its Common Law DWI statutes and sentencing guidelines. Depending on the specifics of the case, we can pursue various legal avenues:

Negotiating Reductions: Through skillful negotiation, we aim to secure reductions in charges or penalties, such as obtaining a plea deal to a lesser offense or pursuing enrollment in a substance abuse education program.

Challenging Evidence in Court: If necessary, we are prepared to take the case to trial. Our experienced litigators will present a strong defense, cross-examine witnesses, and challenge evidence in court to achieve the best possible outcome.

Protecting Driving Privileges: Common Law DWI convictions can result in the suspension or revocation of driving privileges. We will advocate for our clients to retain their driving rights whenever possible.

Conclusion

Facing a Common Law DWI charge in New York State can be a daunting experience, but the DWI Team is dedicated to providing unwavering support and exceptional legal representation. Our extensive knowledge of the legal landscape, combined with our commitment to protecting clients’ rights, empowers us to construct robust defense strategies tailored to each unique case. From dissecting the traffic stop to challenging sobriety tests and negotiating favorable outcomes, we stand as the shield against Common Law DWI charges, advocating for the best interests of our clients at every turn.

Frequently Asked Questions

A Common Law DWI is a charge of driving while intoxicated, even if the driver’s blood alcohol content (BAC) is not at or above the legal limit of 0.08%. This type of DWI charge is often brought against drivers who refuse to take a breathalyzer test.

The prosecution can use a variety of evidence to prove a Common Law DWI, including:

  • The driver’s physical condition, such as slurred speech, bloodshot eyes, and an unsteady gait
  • The driver’s driving behavior, such as erratic driving, weaving in and out of lanes, and failing to obey traffic signals
  • The driver’s responses to field sobriety tests
  • The odor of alcohol on the driver’s breath
  • The presence of alcohol or drugs in the driver’s vehicle

The penalties for a Common Law DWI conviction in NYS are similar to the penalties for a regular DWI conviction. These penalties can include:

  • Up to one year in jail
  • Up to three years of probation
  • A fine of $500-$1,000
  • A mandatory driver’s license revocation for at least six months
  • Required installation and maintenance of an ignition interlock device for one year
  • Participation in a drunk driver program
  • Attendance at a victim impact panel

There are a number of defenses that may be available to a defendant facing a Common Law DWI charge. Some common defenses include:

  • The driver was not impaired by alcohol or drugs
  • The driver’s driving behavior was not erratic or unsafe
  • The police officer made an error in the administration of the field sobriety tests
  • The police officer had no probable cause to stop the driver
  • The evidence was not collected or preserved properly
If you are arrested for a Common Law DWI, it is important to remain calm and cooperative. You should politely refuse to answer any questions without an attorney present. You should also ask for a lawyer as soon as possible.
Yes, you can refuse to take a breathalyzer test in NYS. However, if you refuse, your driver’s license will be automatically revoked for one year.
In addition to the automatic one-year driver’s license revocation, refusing a breathalyzer test can also lead to more severe penalties if you are convicted of a Common Law DWI. For example, you may face a longer jail sentence or a higher fine.
Yes, you can get your driver’s license back after a Common Law DWI conviction. However, you will need to complete a number of requirements, such as paying a fine, serving a jail sentence, and installing an ignition interlock device.
A conviction for Common Law DWI can have serious long-term consequences. In addition to the potential criminal penalties, a conviction can also make it difficult to find a job, get insurance, and rent an apartment.
If you are facing a Common Law DWI charge, it is important to speak with an experienced DWI attorney as soon as possible. An attorney can help you understand your legal rights and options, and can build a strong defense on your behalf.

It is important to note that this is not an exhaustive list of questions and answers about Common Law DWI in NYS. If you have any specific questions about your case, you should speak with an experienced DWI attorney.

If you have any other questions, please contact us at info@dwiteam.com

Please note that laws and regulations can change over time, so it’s important to consult with a legal professional or refer to official sources for the most up-to-date information regarding Aggravated DWI in New York State.

We promise to be there when you need us most.to do everything in our power to protect your future.to give you the best value.
We promise to be there when you need us most.to do everything in our power to protect your future.to give you the best value.

Proven team that provides results through advocacy.

It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

Why work with the DWI TEAM?

DWI laws apply universally to all courthouses in New York. However, every courthouse has its own culture and expectations about how a DWI case should be prosecuted and punished. The local attorneys for the DWI TEAM have worked in courts throughout the counties in New York and have intricate knowledge of the culture, rules, and procedures prevalent in each courthouse. They know how to pitch their case and tailor a defense accordingly. The attorneys that represent the DWI TEAM have also fostered and developed a professional relationship with the judges, court staff, and prosecutors of each courthouse.

With a FREE consultation and our Best Price Promise – we are your unbeatable choice. We offer payment plans as low as $500 down and work closely with our clients to ensure you can afford quality representation. If we don’t believe we can help, we won’t take any money.

The attorneys with the DWI TEAM understand the stress involved in facing criminal charges. They particularly understand the complexities and complications of fighting a DWI case. For that reason, our attorneys are accessible to clients, answering their calls directly and promptly. Our staff provides moral and emotional support to clients at every stage of a DWI proceeding – from the inception of the case to post-conviction progress reports.

If you or a loved one has been charged with a DWI or any other driving offense, contact the DWI TEAM. We will carefully examine the specifics of your case, and if we do not feel we can help you, we will not take any money.

Contact us anytime 24/7/365 by calling (800) 570-1810 >

We are dedicated to reducing or dismissing your charges. Contact us today for a FREE case analysis.

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Our results speak for themselves.
Our client was involved in a head-on collision and charged with DWI. In light of her prior DWAI conviction, she faced possible jail time and revocation of her driver license. Our efforts on her behalf yielded a result that pleased the client and her husband. She pleaded guilty to the reduced count of DWAI and a traffic violation, and she avoided the more serious penalties allowed by law.
Law enforcement said our client had a BAC of 0.21 and had caused an accident in which he rolled his vehicle. During extensive negotiations with the prosecution, we were able to demonstrate that the accident was caused by inclement weather and our client had extensive equities from prior military combat experience. The result was an offer to a DWAI which is a non-criminal traffic infraction that – due to the accident and high BAC – was significantly outside of the District Attorney’s reduction policy.
Our client is an air traffic controller for the Army and holds a security clearance. He was snowmobiling the night of his arrest and was stopped on his way home for operating a snowmobile after midnight. He was arrested and taken to the station where he blew a .23. Our attorneys explained that our client would lose his job/career with a misdemeanor conviction. By presenting legal proof regarding the BAC and equities tied to his career, we were able to obtain an SWAI (no criminal) result, protect our client’s job, and have the record of his conviction sealed.
Our client’s initial offer was to plead guilty to a DWI, with a BAC of .27. This would leave our client with a criminal record for the rest of his life. We believed there was an issue with the stop, so we pushed forward. At hearings the officer said he stopped the vehicle because of a welfare check. He admitted there were no traffic infractions and that the stop was based solely on the concern for the wife. After the hearings, we submitted a memo of law outlining our issues. In the end, the Judge ruled that this was in fact, a bad stop and suppressed all the evidence and as a result, the case was dismissed.
Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. It was unclear if our client or his friend was driving. Our client was very concerned as he is in the process of becoming a Corrections Officer and a DWI conviction would make that difficult, if not impossible. Our attorneys discovered our client was in possession of valuable information that could assist the DA’s Office in felony prosecutions. In exchange for our client’s cooperation with all testimony at Grand Jury the DA’s Office dismissed the case in the interests of justice. Our client was left with no criminal record and his career plan of becoming a Corrections Officer intact.
Clients speak for our work.
Clients speak for our work.
They are amazing people will answer all your questions and make you feel very comfortable about your situation. Andrew and his team was the best thing i could have asked for, and they are very nice and fast with communication. Overall great people!
This team responded right away, came up with a plan and acted on it right away. Very reasonable and flexible with payment plans and very understanding with my situation if I was in a bind with finances. You can tell they actually want to help you. Highly recommend!
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