Driving while intoxicated (DWI) is a serious crime in New York. A DWI charge has the potential to impact the rest of your life. It’s imperative that you understand your rights and legal options when navigating a DWI case to protect your rights and give you a better chance at a fair outcome. The first thing you’re probably going to want to know is how to get a DWI dismissed in New York and whether it’s even possible. The good news? It is.
By learning more about New York’s DWI laws, you can be prepared if you find yourself in a difficult situation. Whether you’re actively facing DWI charges or you’re curious about how New York handles this criminal offense, it’s beneficial to know how to get a DWI dismissed in New York.
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DWI Cases in New York
In many states, driving while intoxicated (DWI) and driving under the influence (DUI) are often used interchangeably, but they are distinct charges from one another. New York DWI laws, however, don’t even recognize DUI as the legal term. Instead, they distinguish between DWI and DWAI (driving while ability impaired).
You can receive a DWI for operating a motor vehicle with a blood alcohol content (BAC) exceeding 0.08 percent (or 0.04 percent for commercial drivers). DWAI is a lesser charge for offenders with BACs between 0.05 and 0.07 percent or those who are impaired by drugs.
More than 40 percent of all motor vehicle accident deaths in New York involve impaired driving. Even when these crashes don’t end in fatalities, they still can change the lives of victims and offenders alike. There were a total of 4,299 substance-related motor vehicle accidents recorded in New York in 2023 alone, including 1,111 fatalities. That same year, New York police departments made 31,140 impaired driving arrests.
Three Ways to Get a DWI Dismissed in New York
DWI is taken very seriously under New York law, which is why it’s imperative that you understand what options you have to fight against the charges against you. There are many ways you can get a DWI charge dropped, but it won’t happen on its own. You must put the work in to build a strong enough defense against your charges. Three avenues you can explore to get a DWI charge dropped include:
- Challenge processes. During the traffic stop, arrest, and any subsequent processing, law enforcement must abide by the law and respect your rights. If they mishandle evidence or mistreat you during a DWI case, you may have grounds to make your case.
- Understand your rights. New York treats DWIs seriously, so it’s important that you understand what your legal options are upon your arrest and afterwards. It’s wise to exercise your right to remain silent to ensure you don’t accidentally self-incriminate and your right to an attorney to help you build a sound legal defense. This can improve your chances of reduced or dropped charges.
- Hire a DWI lawyer. While you can represent yourself in a DWI case, it’s recommended that you work with a DWI attorney who has experience navigating these types of cases and can help you stay organized and understand all your options. Your attorney can also negotiate plea deals and represent you in court, using their knowledge to fight for you.
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FAQs
Do I Have to Hire a DWI Lawyer to Get a DWI Dismissed in New York?
You’re not required to work with a DWI attorney if you’re charged in New York, but it’s highly recommended that you do. When you hire a DWI lawyer, you have a legal professional in your corner who is dedicated to protecting your rights and fighting for a fair outcome for your case. Your attorney can help you through every stage of the process and give you a fair chance at a better outcome.
How Much Does It Cost to Hire a DWI Lawyer?
The cost of working with a DWI lawyer can vary, depending on your case and the services you require from your attorney. Koch Law, PLLC, typically offers fixed and hourly rates for our services based on the circumstances of your case. We can also meet with you beforehand to discuss our services and ensure we’re a good fit.
What Are Common Defenses Against DWIs in New York?
There are many types of defenses that your DWI attorney is likely going to discuss with you. Most DWI defenses involve challenging some aspect of your arrest or the subsequent legal processes that followed. This includes challenging the traffic stop, disputing field test results or chemical test results, or claiming police misconduct.
You can also introduce alternative explanations, establish unreliable witnesses, or negotiate a plea bargain. It’s helpful to work with a New York DWI lawyer to build your defense.
Am I Going to Lose My License After a DWI Arrest in New York?
It’s likely that you’re going to have your license suspended or revoked after a DWI arrest in New York, but when it happens and for how long depends on your case. A standard DWI charge can result in a six-month license revocation, while a DWAI may result in a 90-day suspension.
You may be able to apply for a conditional or restricted license to allow you to go to and from work while your real license is out of commission.
Hire a DWI Lawyer to Help With Your Case in New York
It’s critical that you know what steps to take next to defend yourself. Having a DWI attorney on your side makes that possible. Koch Law, PLLC, has been handling DWI cases throughout New York for years, earning the trust and respect of countless happy clients along the way.
When you choose us as your legal partner, you’re choosing an experienced legal professional with years of diverse experience navigating complex DWI cases. As a Top Attorney on Avvo with a 10.0 rating, we’re confident that we can help you through your case. We have also won the Avvo Clients’ Choice Award in the past, been rated by SupersLawyers®, and made it on the National Trial Lawyers’ Top 100 list.
Contact us to learn more about our services and to set up an appointment to discuss your situation with a skilled attorney today.
New York DWI Resources:
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