What You Need to Know: Your Arrest for Drunk Driving
A DWI (DUI) should not be taken lightly, even if you feel that you are innocent. The penalties for a conviction have immediate and future consequences. You will need an experienced and aggressive DWI attorney.
In a free, one-on-one consultation, Mr. DeRoberts will personally sit down with you to explain your rights and obligations. He will listen to the facts of your case and give you an honest assessment of your situation. Then he will fight to have your charges reduced or dropped altogether. If a reduction or dismissal is not possible, he will negotiate with the prosecution to minimize the impact of any penalties you may face. Furthermore, if a trial is your best option, he will aggressively defend you in front of a judge or jury. He does this by offering you experience, dedication and his personal attention throughout the duration of your case.
Charged with DWI or DWAI? You can call or e-mail DeRoberts Law Firm 24 hours a day, seven days a week. Attorney Jeffrey DeRoberts will take your call or get back to you promptly. Call 866-918-8875 or contact us online.
What's the Difference Between DWI and DWAI?
- DWI (Driving While Intoxicated) is a misdemeanor crime. This charge alleges that your blood-alcohol content, or BAC, was measured at .08 or higher (or .06 or greater if you have a commercial drivers’ license). A conviction requires no other proof of impairment. We fight a DWI by challenging the validity of the underlying traffic stop, any field sobriety tests performed and the results of any blood or breath testing you underwent.
- Aggravated DWI is charged if your BAC is .16 or greater. Penalties for this crime can be much greater than for a standard DWI. Penalties will also be enhanced if you have a prior conviction, even one in another state.
- DWAI (Driving While Ability Impaired) is charged when your BAC is greater than .04 but less than .08 or if the arresting officer observed other signs of impairment. While a DWAI carries no jail time, the other penalties are severe. It also counts as a first offense if you are later arrested for DWI/DWAI, so avoiding a conviction is critical.
- DWAI-Drugs is driving while impaired by a drug other than alcohol. (This can be charged even for prescription medication.) The penalties are the same as for DWI.
Other Drunk Driving Charges
- Felony DWI is charged for (a) repeat offenses or (b) DWI-related injury or death.
- Underage Drivers (under 21) face automatic license suspension for BAC of .02 or greater (any alcohol in your bloodstream), and the same penalties as adults for DWAI or DWI.
- Refusal of a breathalyzer test or blood test is a DMV violation. (You can still be criminally charged with DWI or DWAI.) It results in the automatic license suspension of your drivers’ license.
- See Criminal Penalties and DWI and Your License for information about jail, fines, license suspension and other potential (or mandatory) consequences of these offenses.
Why Do I Need a Lawyer?
You are unlikely to serve jail for a first offense DWI. However, a knowledgeable lawyer is critical for many reasons:
- A conviction for a first DWI or DWAI sets you up for major penalties if you are ever charged with a second offense.
- Mr. DeRoberts can help you qualify for programs to retain your license or keep the DWI off your record.
- We are often successful in getting charges dropped or reduced.
- We can negotiate favorable plea agreements and alternative punishments.
- Mr. DeRoberts has won drunk driving cases at trial.
- Pleading guilty as charged will earn you no mercy.
Contact Us Now to Protect Your Rights
Before you make any statements that could hurt your case, call our Syracuse law office at 866-918-8875 or send us an e-mail for a free case evaluation. We regularly represent clients throughout Syracuse, Utica, Rome, Watertown and all of Onondaga county.
