Hudson Valley DWI Lawyer
Strong Legal Representation for Drunk Driving Arrests
Driving While Intoxicated (DWI) is a crime, and a conviction carries severe penalties. If you have been charged with DWI in the Hudson Valley area, it is important to seek out an experienced DWI attorney to advocate for you. The DWI lawyers serving Hudson Valley at Letterio & Haug, LLP are here to help you. Our team will be with you every step of the way to help find the best possible resolution.
DWI charges are serious. Don’t wait to seek the legal representation you need. Call (845) 203-0997 to arrange a consultation with our attorney.
5 Steps to Take After a DWI Arrest
If you've been arrested for driving while intoxicate, there are certain steps you can take after arrest to obtain the best possible outcome in your case, no matter the specific circumstances. You need to be aware of your rights and do whatever it takes to protect your freedom and future.
- Hire a lawyer – A criminal defense attorney is dedicated to fighting any charges in order to dismiss the entire case or significantly reduce the penalties you face. Your lawyer can investigate your arrest, collect evidence, find weaknesses in the prosecution’s case, and create an effective defense strategy to obtain a favorable outcome—meaning it is possible to avoid going to jail.
- Avoid talking to the police – As soon as you are arrested, invoke your right to remain silent and wait until your attorney arrives to discuss your DWI arrest with law enforcement. Anything you say to the police can and will be used against you at trial, so avoid providing authorities with evidence to convict you.
- Stay away from social media – You need to remain silent on social media as well. Prosecutors and law enforcement officials can search your Facebook, Twitter, or Instagram profile for incriminating images, posts, and other digital evidence to use against you.
- Request a DMV hearing – The DMV hearing is a formal hearing to determine if you can maintain your driving privileges while your criminal case is ongoing. Failure to request a DMV hearing can result in the automatic suspension of your driver’s license.
- Plead not guilty – You will have to enter a plea at arraignment, which is the initial court appearance following a DWI arrest. If you plead guilty, not only do you lose the opportunity to defend yourself, but you may be susceptible to the maximum penalties by law.
DWI Charges in Dutchess County
An individual’s coordination, judgment, and driving ability are impaired by the consumption of alcohol. The degree of impairment depends on the amount of alcohol a person drinks, the length of time in which the alcohol was consumed, body weight, gender, and how much food was eaten before and during the time when alcohol was consumed. New York has several types of DWI charges that use blood alcohol content (BAC) as evidence of intoxication.
Drunk driving charges we handle include:
- Driving While Intoxicated (DWI) – A BAC of 0.08 or 0.04 for commercial motor vehicle drivers
- Aggravated DWI - 0.18 BAC or higher
- Driving While Ability Impaired by Alcohol (DWAI) – BAC above 0.05 but less than 0.07
- Driving While Ability Impaired by a Combined Influence of Drugs and Alcohol – driving under the influence of alcohol and drugs
- Chemical test refusal – Refusing to take a chemical test
- Zero tolerance law – A driver under the age of 21 with a BAC of 0.02 to 0.07
Any DWI conviction is serious and can have a significant and lasting impact on your life. For this reason, it is important to seek legal representation as soon as possible. Our DWI lawyers serving Hudson Valley have nearly two decades of combined criminal defense experience representing clients charged with DWI near Poughkeepsie, New York.
Penalties for DWI Convictions
First-time alcohol DWAI (Driving While Ability Impaired by Alcohol) offenders can be sentenced to up to 15 days in jail and/or a fine of up to $500.
First-time offenders convicted of a DWI, Drug-DWAI (Driving While Ability Impaired), or combination DWAI (both drugs and alcohol) is up to one year in prison.
Instead of a jail sentence, many courts choose to fine first-time offenders with a fine of up to $1,000, although the circumstances of the case may impact the offender's ability to get a "plea deal" from the court and receive a reduced sentence by pleading guilty.
Additionally, first-time offenders have their license revoked for six months, and must complete a term of probation or conditional discharge. This involves installing an ignition interlock device (IID) on the offender's car for a minimum of six months to a year.
The offender may also have to participate in other rehabilitative measures, such as attending treatment for drug or alcohol addiction and participating in driving courses to ensure they don't repeat their mistakes in the future.
Individuals who continue to commit DWI or DWAI offenses multiple times, particularly within a 25-year span, often face increased penalties. This can include fines of up to $10,000, jail sentences of up to 7 years, and permanent license revocation.
Being convicted of a DWI or DWAI can, and probably will, completely change your life. A DWI or DWAI conviction often makes it harder to continue working thanks to license revocations, fines, and even jail sentences. Finding future employment can also be more difficult with a DWI or DWAI conviction on your record.
Can a DWI Be Dismissed in NY?
Yes, in NY, an officer can dismiss a DWI charge if there is no reasonable cause to pull a car over. For instance, suppose an officer pulls a vehicle over on a public highway; they can only do so if they have a reasonable suspicion that the driver committed a traffic law violation.
But, again, hiring an experienced DWI attorney can help take your case to court, defend your case and win the trial.
How To Get A DWI Dismissed in NY
Getting a DUI dismissed in New York can be a complex process, but with the help of an experienced Hudson Valley DWI lawyer, you can increase your chances of achieving a favorable outcome. While there is no guaranteed method to have a DUI charge dismissed, there are strategies that can be employed to strengthen your defense.
Here are some general steps that can be taken:
- Hire an experienced DWI attorney: It is crucial to consult with a skilled Hudson Valley DWI lawyer who specializes in handling DUI cases. At our law firm, Letterio & Haug, LLP, we have over 20 years of shared experience representing clients in DUI cases in the Hudson Valley area. We are aggressive advocates for our clients' rights and provide personalized attention to each case.
- Review the evidence: Your attorney will thoroughly review the evidence against you, including police reports, breathalyzer results, and any other relevant documentation. They will assess the validity of the evidence and look for any potential weaknesses or violations of your rights.
- Challenge the legality of the stop: If there were irregularities or violations during the traffic stop, your attorney can file a motion to suppress evidence, arguing that the stop was unconstitutional. If successful, this can lead to the exclusion of key evidence against you, potentially weakening the prosecution's case.
- Analyze the sobriety tests: Your attorney will scrutinize the administration and accuracy of any sobriety tests conducted, such as field sobriety tests or breathalyzer tests. They will assess whether proper protocols were followed and if there were any factors that could have influenced the results.
- Negotiate with the prosecution: In some cases, your attorney may be able to negotiate with the prosecution for a reduced charge or a plea bargain. This could involve pursuing alternatives to conviction, such as participation in a substance abuse program or community service.
- Prepare for trial: If a dismissal or favorable plea agreement cannot be reached, your attorney will build a strong defense strategy for trial. This may involve presenting evidence, calling witnesses, and challenging the prosecution's case to demonstrate reasonable doubt.
Get In Touch With Our DWI Attorneys Today
While the process of getting a DUI dismissed in New York can be challenging, having a skilled Hudson Valley DWI attorney by your side can greatly improve your chances of obtaining a positive outcome. Contact us today to schedule a consultation and discuss your case. We are dedicated to providing aggressive advocacy and personalized attention to each of our clients.
If you have been charged with DWI, contact us at 845-203-0997. We are always available to assist you, and our office is conveniently located in Beacon, NY. Any criminal defense attorney from our law firm are here for clients throughout Orange County, Ulster County, and Putnam County.
At Letterio & Haug, LLP, our attorneys have more than two decades of combined legal experience, as well as a lengthy track record of success. Over the years, we have successfully helped countless individuals resolve a wide variety of legal problems. To see how we assisted our past clients, browse through our clients’ testimonials here. If you have any questions or concerns, please reach out to us today at (845) 203-0997 and schedule a consultation.
“Passionate, committed, diligent, and very client orientated and driven.”- Eileen C.
“They have made a lifelong client out of me.”- Mike
“I cannot think of any attorney I would rather have represent me.”- Michael G.
“An amazing lawyer who genuinely cared about me!”- Kris F.
“We could not be happier with the results. Highly recommend!”- Jenna C.