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When it comes to Per Se 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 Per Se 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 Per Se DWI Charges in New York State: Strategies and Considerations

In New York State (NYS), a Per Se DWI (Driving While Intoxicated) charge is a specific type of drunk driving offense that is based on a driver’s blood alcohol content (BAC) level. This charge is separate from the common law DWI charge, which does not rely solely on BAC measurement but instead considers a person’s ability to operate a vehicle safely while under the influence of alcohol or drugs.

The term “Per Se” is a Latin phrase that means “in itself.” In the context of DWI charges, it indicates that a person can be charged with DWI solely based on their BAC level exceeding a certain legal limit, regardless of their actual impairment or driving behavior. In NYS, the Per Se limit for a DWI offense is typically set at 0.08% BAC for adult drivers. If a driver’s BAC is measured at or above this threshold, they can be charged with Per Se DWI, regardless of their ability to drive safely or any other mitigating factors.

Law enforcement officers in New York State use various methods, such as breathalyzer tests or blood tests, to determine a driver’s BAC when they suspect impairment. If the BAC measurement exceeds the legal limit, the driver can be arrested and charged with Per Se DWI, which carries its own set of legal consequences. However, it’s important to note that even if a driver’s BAC is below 0.08%, they can still face other DWI-related charges if their impairment is evident, and their ability to drive safely is compromised.

Penalties for a Per Se DWI Charge in New York State

Penalties for Per Se DWI (Driving While Intoxicated) charges in New York State (NYS) can be significant and may include both administrative and criminal consequences. It’s important to note that the specific penalties can vary based on factors such as the driver’s prior convictions and the circumstances of the case. Here’s an overview of the potential penalties for Per Se DWI charges in NYS:

  1. Criminal Penalties:
    • First Offense: A first-time Per Se DWI offender in NYS may face fines, a driver’s license suspension, and probation. The duration of the license suspension can vary but typically ranges from six months to a year.
    • Second Offense: If you have a prior DWI conviction within the past ten years, a second Per Se DWI offense may result in more severe penalties. These can include longer license suspension, mandatory attendance at alcohol education programs, and possible jail time.
    • Third Offense: Multiple DWI convictions within a ten-year period can lead to even more severe penalties, including a longer license suspension, mandatory ignition interlock device installation, and the potential for felony charges.
  2. Administrative Penalties:
    • Per Se DWI charges trigger administrative penalties through the Department of Motor Vehicles (DMV) in NYS. This may result in the immediate suspension of your driver’s license, even before a criminal trial. The duration of the suspension can vary based on the BAC level and prior convictions.
  3. Ignition Interlock Device (IID):
    • In some cases, the court may order the installation of an ignition interlock device on the offender’s vehicle. This device requires the driver to pass a breathalyzer test before the car can start, and it’s often mandatory for repeat offenders.
  4. Fines and Fees:
    • Per Se DWI offenders can expect to pay fines and surcharges. The specific amount varies depending on the number of prior offenses and other circumstances.
  5. Probation and Parole:
    • Probation or parole may be part of the sentencing for Per Se DWI offenses. This involves strict monitoring and adherence to certain conditions, such as drug and alcohol testing, and regular check-ins with a probation or parole officer.
  6. Alcohol Education Programs:
    • Perpetrators might be required to attend alcohol education programs or substance abuse treatment as part of their sentencing, particularly for repeat offenders.

It’s important to remember that the penalties for Per Se DWI charges in NYS can be severe, and they become more stringent with each subsequent offense. Additionally, the specifics of the penalties can vary depending on the circumstances and individual case details. Legal counsel is highly recommended for anyone facing Per Se DWI charges to navigate the legal process and explore potential defenses or plea options.

Building a Robust Defense Strategy

Evaluating the Traffic Stop: The foundation of any Per Se 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: Per Se 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 Per Se 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 Per Se 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 Per Se 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: Per Se 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 Per Se 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 Per Se DWI charges, advocating for the best interests of our clients at every turn.

Frequently Asked Questions

A Per Se DWI charge in NYS is a drunk driving offense where a driver is charged solely based on their blood alcohol content (BAC) exceeding the legal limit, which is typically set at 0.08%.

 

Yes, you can be charged with Per Se DWI even if you’re not visibly impaired. The charge is based on the BAC level, not just on observable impairment.

 

Penalties for a first-time Per Se DWI offense may include fines, a driver’s license suspension, probation, and mandatory alcohol education programs.

 

You can refuse a breathalyzer test, but it comes with consequences, such as an immediate driver’s license suspension and potential penalties.

 

Multiple DWI convictions within a ten-year period can result in more severe penalties, including longer license suspensions and potential felony charges.

 

Yes, a Per Se DWI conviction is likely to lead to increased insurance rates, and you may even have difficulty obtaining insurance coverage.

 

Plea bargaining may be an option in some cases, but it’s subject to the discretion of the prosecutor and the specifics of the case.

 

Yes, a Per Se DWI conviction in NYS results in a criminal record, which can have long-term consequences.

 

To reinstate your driver’s license, you typically need to complete the suspension period, pay any fines, and fulfill any other conditions imposed by the court or DMV.

 

Legal representation is highly advisable when facing Per Se DWI charges. An experienced attorney can help you understand your rights, explore potential defenses, and navigate the legal process to achieve the best possible outcome.

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 Per Se DWI in New York State.

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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’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 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 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.
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.
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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62/62 Counties Covered.

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