If you have been charged with a DWI, Driving While Intoxicated or Impaired by Alcohol Boating While Intoxicated (BWI) or any other drunk driving offense, we can help you. We are attorneys of the DWI / DUI Defense Law Firm of Sackstein Sackstein & Lee, LLP in New York. We opened our firm with a commitment to providing quality defense representation for people who cannot protect their own rights against abuse from the prosecutor and the police. As Attorneys, we know how best to prepare for a prosecutor that may try to build a case using illegal search and seizure methods and faulty breathalyzer readings.
We talk to people everyday who face the same DWI charges as you. We understand how concerned you are about the effects a conviction will have on your record, your future, and your family. We know you can’t afford to go to jail, and how important it is for you to keep your driver’s license. We will use aggressive legal strategies to fight to have your charges dismissed or reduced to a non-alcohol related charge. At Sackstein Sackstein & Lee, LLP, we have a network of independent experts and consultants to help us construct a strong, clear case of dismissal for you.
A DUI charge in New York results in two separate cases. The first case involves criminal proceedings and criminal penalties. The second involves the Department of Motor Vehicles and can result in the suspension or revocation of your driver’s license. Sackstein Sackstein & Lee, LLP provides effective DWI Defense for both proceedings. A conviction for DWI in New York can result in serious drunk driving penalties.
DWI arrests in New York will trigger two separate cases for those accused of driving while impaired. The first is the DWI case in criminal court; the second is the DMV case, where the New York DMV is empowered to suspend the driving privileges of those accused of DWI or DWAI (driving while abilities are impaired by alcohol).
New York DWI Cases:
A Either violation of the DWI “per se” law (which is based only on alcohol level, not driving impairment), or
B. Under a traditional “common law” theory (where the prosecution must prove that the driver is intoxicated).
Intoxication, for the purpose of Vehicle and Traffic Laws, is a condition where the motorist lacks the necessary physical and mental skills to operate a motor vehicle as a reasonable and prudent driver. New York DWI arrests based on the common law theory do not require any measurement of BAC; they may be based entirely on the opinion of the arresting officer.
DWI cases can be ”aggravated” (with harsher punishment and penalties) where the BAC is .18 or more, where there is a traffic accident, refusal to take the chemical test, or any other attempt to evade police or flee the scene of a DWI accident.
New York DWI law is unique, in that it gives all motorists a qualified right to consult with a DWI Lawyer before deciding whether to take or refuse the chemical test. (It is ”qualified” because those arrested have a right to call and obtain advice from a DWI Lawyer, but the police do not have to wait for that lawyer to show up.) New York DWI Lawyers know that taking late-night calls is simply part of the job description. It is critical to consult with a qualified New York DWI Defense Attorney before deciding this issue, since taking or refusing the test is an important and complicated decision following a drunk driving arrest.
Drunk Driving Defense requires an aggressive and experienced attorney on your side. Let one of the qualified attorneys at Sackstein Sackstein & Lee, LLP, find a solution to your legal problem if you, or someone you care about, has been arrested for DWI. Contact a New York Drunk Driving Defense Lawyer near you for a free consultation by calling 1.888.519.6400
With offices throughout New York City and the Long Island area the skilled attorneys at Sackstein Sackstein & Lee, LLP, assist accident victims throughout New York, including the cities of Manhattan (NYC), Brooklyn, Bronx, Queens, Flushing, Bayside, College Point, Jamaica, Jackson Heights, Elmhurst, Corona, Long Island City, Elmont, Forest Hills, Ozone Park, Springfield Gardens, Rosedale, Laurelton, Hollis, Ridgewood, Nassau, Hempstead, Elmont, Mineola, Freeport, Garden City, Uniondale, Westbury, Roosevelt, East Meadow, Levittown, Franklin Square, New Hyde Park, Williston Park, Valley Stream, as well as the communities in and around Nassau and Suffolk County.