NYC DWI/DUI Lawyer

Protecting Your Driving Privileges And Your Rights

Driving under the influence of alcohol has an incredible stigma attached to it. The police, prosecutors, judges, and society, in general, have zero tolerance for drinking and driving. It is absolutely critical that if you find yourself under arrest for a drunk driving allegation, you do not face these charges alone.

If you or a loved one is accused of any of the subsections of drinking while intoxicated, do not hesitate to contact Konta Georges & Buza P.C. today. Our criminal defense lawyers have helped countless individuals in all five boroughs of New York City protect their driving privileges and their rights. We are ready to mount an aggressive defense against drunk driving charges so that you can put this matter behind you.

DWI Consequences

At Konta Georges & Buza P.C., we understand that facing a DWI charge in New York can have serious consequences that can impact every aspect of your life. With our experienced NYC DWI lawyers by your side, you can trust that we will fight tirelessly to minimize the impact of these consequences and protect your rights. Here’s what you need to know about the potential consequences of a DWI conviction:

License Suspension or Revocation

A DWI conviction in New York can result in the suspension or revocation of your driver’s license. The length of the suspension or revocation period depends on factors such as your blood alcohol concentration (BAC) at the time of arrest and whether you have prior DWI convictions.

Fines and Financial Penalties

In addition to license suspension or revocation, you may face substantial fines and financial penalties upon conviction for DWI. These fines can range from hundreds to thousands of dollars, depending on the circumstances of your case.

Ignition Interlock Device (IID)

In some cases, individuals convicted of DWI may be required to install an ignition interlock device (IID) in their vehicle. An IID requires the driver to pass a breathalyzer test before the vehicle can be started, serving as a deterrent against future drunk driving offenses.

Mandatory Alcohol Education and Treatment Programs

As part of your sentence for a DWI conviction, you may be required to attend mandatory alcohol education and treatment programs. These programs aim to address underlying issues related to alcohol abuse and reduce the risk of future offenses.

Criminal Record

A DWI conviction in New York results in a criminal record, which can have far-reaching consequences for your personal and professional life. A criminal record can affect your ability to secure employment, housing, and educational opportunities, and may also impact your immigration status and ability to travel.

Increased Insurance Costs

A DWI conviction can lead to significant increases in your auto insurance premiums. Insurance companies view individuals convicted of DWI as high-risk drivers, and as a result, you may face substantially higher insurance rates for several years following your conviction.

Professional Consequences

Depending on your profession, a DWI conviction could have professional consequences, including loss of professional licenses or certifications, disciplinary action by professional organizations, and damage to your reputation within your industry.

Immigration Consequences

Non-U.S. citizens convicted of DWI may face immigration consequences, including deportation, denial of re-entry into the United States, and other immigration-related penalties.

Social Stigma

Beyond the legal and financial consequences, a DWI conviction can carry a significant social stigma that may impact your relationships with family, friends, and community members.

Jail Time

In some cases, individuals convicted of DWI may face jail time, particularly if there are aggravating factors such as prior DWI convictions, high BAC levels, or involvement in accidents resulting in injury or death.

If you are facing DWI charges in New York, don’t wait to seek legal representation. Contact Konta Georges & Buza P.C. today to schedule a consultation with our experienced NYC DWI lawyers. We will provide you with aggressive representation and fight tirelessly to protect your rights and minimize the consequences of a DWI conviction.

The Details Of DUI Law Can Help You Defend Yourself

Under New York law, driving under the influence or “DUI” is called “driving while intoxicated.” It is a crime that the legislature, the police, and the district attorney’s office all take very seriously. Many upstanding and productive members of our society find themselves in situations where they are accused of being drunk drivers, even in situations where they weren’t actually drunk.

A DUI arrest is not as cut-and-dry a procedure as it may sound. One of the reasons there is such a heavy stigma for DUI charges is that they do not realize it is very easy for police to charge someone with the crime even if they cannot prove they were intoxicated or if the inebriated person had no intention of driving.

One such situation is driving while intoxicated “per se” which is a crime punishable by up to a year in jail. The term “operate” has a unique legal definition. This definition is more expansive than most people would consider “driving” to mean. As far as the police are concerned, if a person is sitting behind the wheel of a car, the keys are in the ignition with the engine turned on, that person is “operating” a vehicle and can be arrested.

Proving DUI Or DWI

In New York, it is a crime to drive with a blood alcohol level of .08 or higher. It makes no difference whether the person’s ability to drive is actually affected by the blood alcohol level or if they were planning on actually driving the vehicle.

In a DUI case, the prosecution needs to prove:

• The person operated a motor vehicle
• The person did so when he or she had .08 of 1% or more by weight of alcohol in their blood

So how does the government prove that the person is driving with a blood alcohol concentration of .08 or higher? If an officer has probable cause to believe a driver is intoxicated, whether it be by the way they are acting or the scent of alcohol on their breath, they can then proceed with DUI testing.

The breath test used in New York is called the “Intoxilyzer 5000,” which can measure a person’s blood alcohol content. This test, however, is not always accurate. There are several factors, which can influence the results of a breath test. As a former prosecutor, the firm’s lead attorney knows various means to challenge breath test results.

What To Do if You’re Accused of a DWI

Being accused of a DWI (Driving While Intoxicated) can be a frightening and overwhelming experience, but it’s crucial to take the right steps to protect your rights and defend yourself against the charges. At Konta Georges & Buza P.C., our experienced NYC DWI lawyers are here to provide you with quality guidance and aggressive representation. Here’s what you should do if you’re accused of a DWI:

1. Remain Calm: It’s natural to feel anxious or upset when facing DWI charges, but it’s essential to remain calm and composed. Avoid arguing with law enforcement officers or making statements that could be used against you later
2. Exercise Your Rights: You have the right to remain silent and the right to legal representation. Exercise these rights by politely refusing to answer any questions without your attorney present. Anything you say to law enforcement can be used against you in court, so it’s best to wait until you have legal counsel before speaking.
3. Cooperate with Law Enforcement: While you should assert your rights, it’s important to cooperate with law enforcement officers during the arrest process. Follow their instructions regarding sobriety tests, breathalyzer tests, and other procedures, but refrain from providing any self-incriminating information.
4. Contact an Attorney: As soon as possible, contact an experienced NYC DWI lawyer to represent you. Time is of the essence in DWI cases, so it’s crucial to have legal representation as soon as possible to protect your rights and begin building your defense.
5. Gather Evidence: Your criminal defense attorney will work with you to gather evidence to support your defense. This may include witness statements, surveillance footage, dashcam recordings, and any other relevant evidence that could help challenge the prosecution’s case.
6. Understand Your Options: Your attorney will explain your legal options and potential defenses based on the specific circumstances of your case. This may include challenging the legality of the traffic stop, disputing the accuracy of field sobriety tests or breathalyzer results, or negotiating a plea bargain with the prosecution.
7. Attend Court Hearings: It’s important to attend all court hearings related to your DWI case. Failure to appear could result in additional legal consequences, including a warrant for your arrest. Your attorney will represent you in court and advocate for your rights throughout the legal process.
8. Follow Legal Advice: Listen to the advice of your attorney and follow their guidance throughout the legal process. Your attorney has the experience and expertise to navigate the complexities of DWI cases and will work tirelessly to achieve the best possible outcome for you.
9. Consider Treatment Options: If you struggle with alcohol addiction, consider seeking treatment or counseling to address underlying issues and demonstrate your commitment to rehabilitation. This proactive approach can be beneficial in court and may help mitigate potential consequences of a DWI conviction.
10. Stay Informed: Stay informed about the progress of your case and any updates from your DWI defense attorney. Ask questions if you have concerns or uncertainties, and stay actively involved in your defense strategy.

If you’ve been accused of a DWI in New York, don’t wait to seek legal representation. Contact Konta Georges & Buza P.C. today to schedule a consultation with our experienced NYC DWI lawyers. We will provide you with aggressive representation and fight tirelessly to protect your rights and achieve the best possible outcome for your case.

Our Firm Can Be Your Dedicated Advocate

If you or a loved one is accused of DUI or DWI in New York, you cannot afford to go to court without a skilled Manhattan DWI attorney. At Konta Georges & Buza P.C. our criminal defense lawyers know what a difficult situation our clients are in. We will fight relentlessly on your behalf.

You can call 212-710-5166 to schedule a free consultation at the firm.

NYC DWI Lawyer FAQs

1. What is the legal blood alcohol concentration (BAC) limit for driving in New York?

In New York, the legal limit for blood alcohol concentration (BAC) while driving is 0.08% for drivers aged 21 and over. For drivers under the age of 21, the legal limit is lower, typically 0.02% or lower.

2. What are the potential penalties for a DWI conviction in New York?

The potential penalties for a DWI conviction in New York vary depending on factors such as the driver’s BAC level, prior DWI convictions, and any aggravating circumstances. Penalties may include fines, license suspension or revocation, mandatory alcohol education programs, ignition interlock device installation, and jail time.

3. Can I refuse to take a breathalyzer test if I’m pulled over for suspected DWI?

While you have the right to refuse a breathalyzer test, doing so can have consequences, including automatic license suspension and potential legal penalties. It’s important to understand the potential consequences of refusing a breathalyzer test and consult with an attorney before making a decision.

4. How can a DWI lawyer help me defend against DWI charges?

A DWI lawyer can help you navigate the legal process, challenge the evidence against you, and build a strong defense strategy tailored to the specific circumstances of your case. This may include challenging the legality of the traffic stop, disputing the accuracy of field sobriety tests or breathalyzer results, and negotiating with the prosecution for a favorable plea bargain.

5. Will I go to jail if I’m convicted of DWI in New York?

Whether you will go to jail if convicted of DWI in New York depends on factors such as the severity of the offense, your prior criminal record, and any mitigating circumstances. While jail time is a possible consequence of a DWI conviction, your attorney will work to minimize the impact of any potential penalties.

6. How long will a DWI conviction stay on my record in New York?

A DWI conviction will typically remain on your criminal record permanently in New York. However, certain options may be available to have your record sealed or expunged under certain circumstances, such as completing a period of good behavior or participating in a rehabilitation program.

7. Can I lose my driver’s license for a DWI conviction in New York?

Yes, a DWI conviction in New York can result in the suspension or revocation of your driver’s license. The length of the suspension or revocation period depends on factors such as your BAC level and whether you have prior DWI convictions.

8. Can I still drive while my DWI case is pending in court?

Whether you can still drive while your DWI case is pending in court depends on factors such as whether your license has been suspended or revoked and whether you have obtained a hardship or conditional license. Your attorney can advise you on your options for driving legally during this time.

9. How much does it cost to hire a DWI lawyer in New York?

The cost of hiring a DWI lawyer in New York can vary depending on factors such as the complexity of your case, the attorney’s experience and reputation, and the specific services provided. Many DWI lawyers offer free initial consultations and may work on a flat fee or hourly rate basis.

10. What should I do if I’ve been arrested for DWI in New York?

If you’ve been arrested for DWI in New York, it’s essential to remain calm and assert your rights by refusing to answer any questions without your attorney present. Contact an experienced DWI lawyer as soon as possible to discuss your case and begin building your defense strategy.