Saratoga County DWI Defense Attorney
It can be difficult to return to a normal life after you’ve dealt with the penalties of a DWI charge. A conviction can remain on your record as a stigma. This can make it more difficult for you to have a fulfilling career. Working with DWI lawyers can help negate some of the negative impacts of your recent DWI charge in Saratoga Springs, NY. This is especially the case if you were charged with a felony DWI or aggravated DWI.
Drunk driving charges are no joke. Once you’ve been arrested, you may think your life is over. You can receive direction with the help of criminal defense. Speak to our law office about your felony DWI or other charges in Saratoga County. We can help you regain your driving privileges after your license revocation and provide other guidance. Contact the Law Office of Gregory P. Garofalo now for a free consultation with a Saratoga County criminal defense lawyer.
Can a DWI Be Reduced in NY?
With the help of a DWI lawyer for second and third offenses, they can fight to reduce a DWI charge to a lesser offense such as DWAI or a traffic violation. Your attorney can do this through plea bargaining or by contesting the charge in court. However, the possibility of reduction will depend on various factors such as prior criminal record, the evidence against the defendant, and the jurisdiction of the offense.
Steps an Attorney Takes to Appeal a DWI Charge in NY
After the court has handed down serious charges, such as vehicular assault or chemical test refusal, we can provide solid criminal defense. Our law office in New York State will aggressively defend you against your criminal charges by doing the following:
Analyzing the Evidence
A DWI attorney will analyze the evidence against the defendant — including the police report, blood or breathalyzer test results, and witness statements — to identify weaknesses in the prosecution’s case.
An attorney may file motions to suppress evidence if there were violations of the defendant’s constitutional rights or to exclude the results of faulty or inaccurate tests.
Negotiating With Prosecutions
The attorney can negotiate with the prosecution in an attempt to reach a plea agreement for a lesser charge or reduced penalties.
If the case goes to trial, the attorney will present evidence in court — including expert testimony or witness statements — to challenge the prosecution’s case.
The attorney will cross-examine the prosecution’s witnesses to weaken their credibility and to show that the prosecution has not met the burden of proof.
If the verdict is unfavorable, the attorney can file an appeal to a higher court on behalf of the defendant to challenge the ruling.
Factors That Influence Whether Your DWI Charge Is Reduced
Even with your attorney’s help, the following factors can have a significant impact on your accusation.
Prior Criminal Record
Your prior criminal record can have a significant impact on the appeal of a DWI charge. If the defendant has a previous DWI conviction or a history of alcohol-related offenses, it can make it harder for them to appeal the charge. This is because the court may view the defendant as a repeat offender and may be less likely to grant them leniency or a reduced sentence.
However, if the defendant has a clean criminal record, they may have a better chance of appealing the charge, as the court may view them as less of a risk to public safety.
Evidence Against You
The evidence against the defendant is another important factor that can influence the appeal of a DWI charge. If the evidence against the defendant is strong, such as blood or breathalyzer test results that show a high blood alcohol content (BAC), it can be challenging to successfully appeal the charge.
However, if the defendant’s legal team can prove that the evidence was collected improperly or that the testing equipment was faulty, it may be possible to have the charge dismissed or reduced. Additionally, if there is little to no evidence against the defendant, such as no field sobriety tests, it may be easier to appeal the charge.
Jurisdiction of the Offense
The jurisdiction in which the DWI offense occurred can also impact the appeal of the charge. Different states and counties have different laws and penalties for DWI, which can affect the outcome of an appeal. For example, some states may have mandatory minimum sentences for DWI convictions, while others may offer alternative sentencing options.
Additionally, different jurisdictions may have different procedures for handling appeals, which can affect the likelihood of success. Your legal team must understand the specific laws and procedures in the jurisdiction where the offense occurred to build a strong appeal.
What Can I expect if I Receive a DWI Conviction?
If you receive a DWI conviction in New York, the consequences can be serious and long-lasting. The specific penalties you may face will depend on the circumstances of your case. For example, your blood alcohol content (BAC) at the time of arrest and whether you have any prior DWI convictions can change your case outcome. Your penalties can include:
You may face fines ranging from $500 to $10,000, depending on the severity of your offense.
Your driver’s license may be suspended for a minimum of six months, up to one year or more depending on the number of previous convictions.
Ignition Interlock Device (IID)
An IID may be required to be installed in your vehicle, which requires you to pass a breathalyzer test before starting the vehicle.
You may be placed on probation for up to three years, during which time you must comply with certain conditions, such as attending alcohol treatment programs and refraining from any criminal activities
You may be required to perform community service ranging from 10 days to 30 days.
You may be sentenced to jail for up to one year, and up to four years if there were any aggravating factors, such as high BAC levels or accidents that caused injury or death.
Permanent Criminal Record
A DWI conviction will remain on your criminal record permanently.
How Can My DWI Defense Attorney Help Me?
If you are facing charges for driving while intoxicated in New York, it is highly recommended that you seek the assistance of an experienced DWI attorney. Here’s why:
Knowledge and Education
DWI attorneys are well-versed in the intricate laws and regulations surrounding these cases. They understand the nuances of the legal system and can use this knowledge to their advantage.
A skilled DWI attorney can develop a strategic defense tailored to the specific circumstances of your case. They can assess the strength of the prosecution’s case and identify weaknesses that can be exploited in your defense.
An attorney who has experience dealing with DWI cases can negotiate with prosecutors on your behalf to potentially reduce the charges or penalties you face. They may also be able to negotiate alternative sentencing options such as community service or probation.
Protection of Your Rights
An attorney can ensure that your rights are protected throughout the legal process. They can ensure that the police did not violate your rights during the arrest or gathering of evidence.
Reduction of Consequences
Even if you are ultimately convicted of DWI, an attorney can help minimize the consequences you face. They can work to reduce fines, avoid jail time, and potentially keep your driver’s license from being suspended.
When you hire a DWI attorney, they can greatly increase your chances of achieving a positive outcome in your case. They can protect your rights, develop a strategic defense, negotiate with prosecutors, and minimize the consequences you may face. If you are facing DWI charges, it is recommended that you seek the assistance of an experienced attorney. Call the Law Office of Gregory P. Garofalo now for a consultation.