Saratoga DWI Defense Lawyer
New York State takes prosecuting DWI and DWAI related offenses very seriously. DWI lawyer Katherine DeMartino has handled hundreds of alcohol and drug related driving cases. Katherine will exercise her years of experience to analyze the facts of your case, determine the appropriate legal strategy, and defend your rights.
Charged with a DWI in Saratoga County, Warren County, Washington County, or the greater Capital Region area? Contact Katherine now for a free case evaluation.
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Should You Get a Lawyer for First DWI/DWAI?
A first-time alcohol or drug related driving offense can be particularly stressful and embarrassing. Penalties for first-time convictions differ depending on the offense but can include jail time and/or probation, suspension of your license, mandatory ignition interlock device, fines and court mandated treatment programs. An alcohol or drug related conviction may also enhance the penalties for a subsequent DWI or DWAI charge. It’s imperative that you contact a local DWI defense attorney who will create a legal strategy based on your particular case and investigate whether any mitigating factors exist in your case.
Challenging a DWI
The state is required to prove beyond a reasonable doubt every element of the offense charged. If there are errors made by the police, the charges against you may be reduced or even dismissed. An experienced DWI attorney can help challenge your charge by examining the evidence to see if there were errors made during your stop and arrest. Katherine DeMartino has the knowledge and experience to build a strong defense to your case.
New York State statute states that a person’s ability to operate a motor vehicle is impaired, when that person’s use of alcohol and/or drugs has impaired the physical and mental abilities which that person is expected to possess in order to operate a vehicle as a reasonable and prudent driver.
When a driver has a BAC between .05% and .07%, they may be charged with DWAI alcohol. DWAI alcohol is a violation, not a criminal offense. Still, it has serious consequences including license suspension, fines, and participation in court mandated programs.
1192 (4) and 1192 (4-a)
Unlike DWAI alcohol, DWAI drugs is a criminal offense. Although recreational marijuana was recently legalized in NY, impairment by marijuana still serves as the basis for a DWAI drugs arrest. The law does not require any particular chemical or physical test to prove that a person’s ability to operate a motor vehicle was impaired by a drug. You may be convicted of driving while impaired by any amount of drug and/or drugs as long as the state can prove that you were “impaired.” Katherine DeMartino has years of experience handling these types of cases and can help you with your DWAI charge.
Aggravated DWI with a Child (Leandra’s Law)
If you are suspected of DWI or a DWAI and you have a child age fifteen years old or younger in the vehicle, you could be charged with Aggravated Driving While Intoxicated with a Child also known as Leandra’s Law. An Aggravated DWI with a Child is a class E Felony in New York State.
This charge has the same license penalties as a misdemeanor charge of an Aggravated DWI, but it has the potential for increased penalties including state prison time. In addition to the Felony DWI charge, you may also be reported to the Department of Social Services which could result in an investigation by Child Protective Services.
Chemical Test Refusals
Under New York State law, a driver is required to submit to a chemical test if an officer has reasonable grounds to believe he or she has committed an 1192 offense. There is no constitutional right to refuse to submit to a chemical test. However, there is a statutory right to refuse. This means that the police cannot force you to submit to a test of your blood, breath, or urine. The exception to this is when there is a crash that results in serious physical injury. In these instances, the court has the right to compel you to submit to a test.
A refusal to submit to a chemical test is not a criminal charge, it is a civil violation. The consequences include revocation of your license for one-year, civil penalty and driver’s assessment fee. If you have multiple alcohol or drug related driving convictions, a finding of a refusal to submit to a chemical test could result in increased license sanctions.
If you refuse to take the chemical test, your license will be immediately suspended. You are entitled to a refusal hearing within 15 days of your license suspension. If DMV fails to schedule that hearing, your license privileges could be restored.
Although it is not a criminal proceeding, you maintain certain rights throughout the process. Katherine DeMartino has successfully represented numerous clients in New York State DMV Refusal hearings. Katherine can present arguments on your behalf and attempt to safeguard your driving privileges.
Saratoga DWI Attorney
If you have been charged with an alcohol or drug related driving offense in Saratoga County, Warren County, Washington County, including the following areas: Clifton Park, Halfmoon, Malta, Saratoga Springs, Wilton, Glens Falls, Queensbury, Lake George, and Kingsbury call experienced DWI attorney Katherine DeMartino. She can help get the best possible outcome for your case.