Questions About DWI Charges? Find Answers to Common Questions Here

Answers to Frequently Asked Questions About DWI

Arrested for drunk driving? Call Our Livingston County DWI Lawyer

Were you recently arrested for driving while intoxicated (DWI) in Livingston County, NY or a surrounding area? If so, you probably have questions about what happens next. Review our firm's answers to some of the most commonly asked questions about DWI below, or contact our office to discuss the specific nature of your case with one of our experienced criminal defense lawyers.

  • Could I face jail time for a first-time DWI offense? - Yes. In the state of New York, first-time DWI offenders could face up to one year in jail, as well as a maximum of $1,000 in fines. For each subsequent offense, the penalties will become increasingly severe. For example, a second DWI offense could result in up to four years in jail and $5,000 in fines, while a third DWI offense could land you in jail for up to seven years and result in up to $10,000 in fines. Furthermore, you could face felony charges if a child under the age of 16 was in the vehicle.
  • Do I have to submit to a breath or blood test if asked by a police officer? - Yes. New York's "implied consent" laws make it mandatory for a driver to submit to chemical testing (i.e. breath, blood or urine test) when asked to do so by a law enforcement officer. While you would have the right to refuse, you cannot do so without accepting certain consequences. For example, refusing to take a Breathalyzer test would result in the loss of your driving privileges for a certain period of time and a civil fine, regardless of whether or not your are later convicted of DWI in criminal court.
  • If I failed a Breathalyzer test, should I just plead guilty? - Most people make the mistake of thinking that they will automatically be convicted of DWI if they have taken, and failed, a breath or blood test. While a failed chemical test will undoubtedly make your case more challenging, it does not mean that you should accept a plea bargain or plead guilty until you have had the chance to speak with an attorney. If the test was not properly administered or the machine was not properly calibrated, for example, you would have grounds to challenge this evidence.

Van Allen & Hoffmann, LLP Will Review Your Case

If you have questions about the specific nature of your case, you should not hesitate to consult a Livingston County DWI attorney as soon as possible. Our lawyers share more than 30 years of combined experience, so you can trust that our firm is well-equipped to provide you with the guidance that you are looking for.

Call now or tell us about your case online to get started!

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