At Cohen & Bernstein, LLC, we understand the stress and uncertainty of facing a DUI charge or traffic violation. With over 25 years of combined experience, our New York State DUI defense attorneys, Lindsay Bernstein, Esq., and Ronen Cohen, Esq., bring a personalized approach to each case. We proudly serve clients in New York and New Jersey, offering comprehensive legal support in DUI defense and traffic ticket matters.
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New York State DUI Defense Lawyer Guide
- Why Hire Cohen & Bernstein, LLC for Your New York State DUI/DWI Defense?
- Possible Penalties in New York
- Aggravating Factors
- Reducing Penalties and Impact
- Minimizing Points on Your Driving Record
- What to Do After a DUI Arrest: Steps to Strengthen Your Case
- Contact Our New York State DUI Defense Lawyers to Discuss Your Situation
Why Hire Cohen & Bernstein, LLC for Your New York State DUI/DWI Defense?
When facing a DUI or DWI charge in New York, choosing the right legal representation can make all the difference in the outcome of your case. Here’s why Cohen & Bernstein, LLC should be your first choice:
Extensive Experience and Legal Knowledge
Our attorneys have over 25 years of combined experience handling DUI and DWI cases. We deeply understand New York’s traffic laws and the complexities involved in DUI/DWI cases.
Personalized Attention to Your Case
We recognize that every DUI/DWI case is unique, with its own set of circumstances and challenges. Our approach is highly personalized. We take the time to understand your situation and build a defense strategy that aligns with your needs and goals.
Proven Track Record of Success
Our firm has a history of successfully defending clients against DUI and DWI charges. This success stems from our comprehensive approach to case preparation, skilled negotiation tactics, and tenacity in the courtroom.
Skilled Negotiation and Litigation Abilities
Whether negotiating with prosecutors for reduced charges or penalties or advocating for you in court, our attorneys have the skills and experience to represent you effectively. We’re experienced at challenging evidence, negotiating plea deals, and, when necessary, taking cases to trial.
Focus on Minimizing Penalties and Protecting Your Rights
We are committed to minimizing the impact of a DUI/DWI on your life. This includes reducing fines, jail time, and license suspensions and protecting your reputation and prospects.
Supportive and Compassionate Service
Facing DUI/DWI charges can be stressful and overwhelming. We provide not only legal support but also understanding and compassion. We’re here to guide you through every step of the process, ensuring you feel informed and supported.
Clear Communication
We prioritize clear and straightforward communication, ensuring you understand every aspect of your case and the legal options available.
Dedicated to Your Case from Start to Finish
From the initial consultation to resolving your case, our team is dedicated to your defense. We handle every detail with the utmost care and professionalism, following all procedures correctly and presenting your case in the strongest possible light.
At Cohen & Bernstein, LLC, we understand the stakes involved in DUI/DWI cases and are dedicated to providing our clients with the highest level of legal representation. Contact us today to learn how we can navigate these challenging legal waters on your behalf and fight for the best possible outcome in your case.
Possible Penalties in New York
In New York, the penalties for driving while intoxicated or driving while ability impaired are serious and can have a lasting impact on your life. Understanding these consequences underscores the importance of seeking experienced legal representation if facing such charges.
For a first DWI offense, you can face up to 1 year in jail, be required to pay fines up to $1,000 and have your driving privileges suspended for six months. This can disrupt your daily routine, impact your job, and strain your personal life.
If you’re charged with a first DWAI, the penalties, while less severe than a DWI, are still considerable. They include up to 15 days in jail, fines of up to $500, and a driving suspension for 90 days. A DWAI can affect your criminal record and driving history even as a lesser offense.
The situation becomes more serious with subsequent offenses. A second DWI can result in up to 4 years in jail, $5,000 in fines, and a 1-year driving license suspension. This escalation reflects the state’s strict stance on repeat offenses.
Similarly, a second DWAI carries harsher penalties than the first offense, including up to 30 days in jail, $750 in fines, and a 6-month driving suspension. This highlights the increased legal risks and consequences of repeated impaired driving offenses.
For a third DWI offense, the penalties reach a severe level, with up to 7 years in jail, $10,000 in fines, and a 1-year suspension of driving privileges. This represents a significant legal consequence and substantially impacts your personal and professional life.
Lastly, a third DWAI includes up to 180 days in jail, $1,500 in fines, and a 6-month driving suspension. Like with DWI, the state treats repeated DWAI offenses with increasing severity.
Given these potential penalties, it’s clear that facing a DWI or DWAI charge in New York is a serious matter. It’s best to have skilled legal representation for your case.
An experienced DWI lawyer can provide valuable assistance, from scrutinizing the details of your arrest to exploring all possible defenses and advocating on your behalf.
At Cohen & Bernstein, LLC, our attorneys are well-versed in DWI and DWAI laws and are committed to offering the legal support and guidance you need during this challenging time.
Aggravating Factors
In New York, DUI and DWI charges can be elevated to aggravated offenses under certain circumstances. These aggravating factors can lead to more severe legal consequences, reflecting the increased risk and potential harm of such situations. Understanding these aggravating offenses and their implications is crucial for anyone facing DUI or DWI charges.
Excessive Blood Alcohol Content (BAC)
One of the primary aggravating factors is having an excessively high BAC level at the time of arrest.
In New York, a BAC of 0.08 percent is the legal limit for a standard DWI. However, if a driver’s BAC is significantly higher than this threshold, it can result in an aggravated DWI charge. This typically applies to BAC levels of 0.18 percent or higher.
The penalties for an aggravated DWI are more severe than a standard DWI, often including longer jail sentences, higher fines, and extended license suspensions.
Prior DUI/DWI Convictions
A driver’s history is critical in the severity of the charges and penalties. If a driver has prior DUI or DWI convictions, especially within a certain timeframe, subsequent offenses are treated more harshly. This escalation in penalties aims to deter repeat offenses and reflect the increased danger posed by habitual offenders.
Presence of Minors in the Vehicle
Driving under the influence with minors (typically individuals under the age of 16) in the vehicle is another factor that can aggravate a DUI/DWI charge. Courts often treat it as a particularly egregious offense due to the added risk to young passengers.
Penalties for such offenses may include:
- Enhanced jail time.
- Greater fines.
- Longer periods of license suspension.
- Potential child endangerment charges.
Accidents Resulting in Injuries or Fatalities
If a DUI or DWI incident involves an accident that results in injuries or fatalities, the charges and penalties can significantly increase. The law takes these cases extremely seriously, as they directly harm others.
A driver may face not only aggravated DUI/DWI charges but also additional charges related to the injuries or fatalities caused. The consequences in such cases can include lengthy prison sentences, substantial fines, and long-term or permanent loss of driving privileges.
Given the severity of these aggravating factors, it’s evident that facing an aggravated DUI or DWI charge in New York is a matter of grave concern. It underscores the importance of seeking experienced and skilled legal representation.
An attorney knowledgeable in DUI/DWI laws can explore every avenue for defense and mitigating the potential penalties.
At Cohen & Bernstein, LLC, we understand the serious nature of aggravated DUI/DWI charges. We are committed to providing our clients with the robust legal support necessary to handle these challenging cases.
Reducing Penalties and Impact
In New York, defending against a DUI charge involves carefully examining all elements of the case. While there are several potential defenses, the applicability and effectiveness of each depend on the specific circumstances of the arrest and charges.
One common defense revolves around questioning the legality of the initial traffic stop. The law requires that law enforcement have a valid reason, such as a traffic violation or a reasonable suspicion of impairment, to stop a driver.
If the stop happened without reasonable suspicion or probable cause, evidence obtained during the stop, including any field sobriety test results or statements made by the driver, may be challenged and potentially excluded.
Another area often scrutinized in DUI defense is the administration and accuracy of sobriety tests. This includes both field sobriety tests and chemical tests, like breathalyzers.
For instance, if the police did not conduct field sobriety tests properly or if the officer lacked the necessary training, the reliability of the results can be questioned. Similarly, if a lawyer shows the device was not functioning correctly or the police did not administer the test properly, the results may not be admissible in court.
Law enforcement’s procedure during and after the arrest can also be a focal point in a DUI defense. This includes ensuring that the police did not violate the driver’s rights and followed all legal protocols.
For example, if the arresting officer failed to read the Miranda rights to the individual, any statement made by the individual might be inadmissible.
In some cases, a defense may involve presenting alternative explanations for the driver’s behavior or appearance that led to the suspicion of DUI. Physical conditions, medical issues, or even environmental factors can sometimes mimic the signs of impairment.
For instance, allergies, fatigue, or certain medical conditions can affect one’s balance or speech, leading to misunderstandings about their sobriety.
Additionally, in situations where a driver’s BAC is close to the legal limit, the defense might argue that the BAC was below the limit at the time of driving and only rose to the level detected at the time of testing. This is known as the “rising blood alcohol” defense and is based on the time it takes for alcohol to be absorbed into the bloodstream.
Lastly, in certain circumstances, a DUI defense might involve negotiating for lesser charges or alternative penalties, especially in cases where the evidence against the driver is strong. This can include plea agreements for lesser offenses or participation in programs that, upon successful completion, might result in reduced charges.
Each of these defenses requires a thorough understanding of both the law and the specifics of the case. At Cohen & Bernstein, LLC, we analyze every aspect of your case to determine the most effective defense strategy, always aiming to protect your rights and achieve the best possible outcome.
Minimizing Points on Your Driving Record
In New York, the Department of Motor Vehicles (DMV) uses a point system to monitor driving behaviors, and certain traffic violations, including DUIs, can result in points on your driving record.
Accumulating too many points can lead to increased insurance premiums and, in more serious situations, can even lead to the suspension of your driving license. This system aims to identify and penalize high-risk drivers, but it can have significant repercussions for your daily life and financial situation.
When it comes to DUI offenses, the consequences are particularly severe. A DUI not only leads to points on your record but also comes with legal penalties, including fines, jail time, and the requirement for an ignition interlock device on your vehicle. This is because DUI is seen as a serious offense, reflecting a high level of risk both to the driver and to the public.
At Cohen & Bernstein, LLC, we focus on exploring every avenue to minimize the impact of these points on your driving record. The long-term effects of a DUI charge can extend well beyond the immediate legal consequences.
For instance, points on your record can escalate your insurance rates, making driving much more expensive. In cases where license suspension occurs, this can disrupt your ability to work, fulfill family responsibilities, and maintain your daily routine.
What to Do After a DUI Arrest: Steps to Strengthen Your Case
If you’ve been arrested and booked for a DUI, it’s natural to feel overwhelmed and uncertain about the future. However, there are steps you can take to help strengthen your case and improve your chances of a favorable outcome. Here’s what you should do after a DUI arrest:
Document Everything
As soon as possible, write down everything you remember about the arrest. Include details like the time of the stop, the officers involved, what was said and done, and any other observations about the situation. This information can be crucial for your attorney in building a defense strategy.
Comply with Legal Requirements, but be Mindful
Follow any legal obligations, such as attending scheduled court appearances or submitting to required tests. However, be cautious about providing additional information or making statements that go against you in court.
Avoid Discussing Your Case
Be careful about who you talk to regarding your DUI arrest. Avoid discussing details with friends or family, as the prosecutor can potentially use them against you in your case. The safest approach is to speak only with your attorney about your situation.
Seek Legal Counsel Promptly
Time is a critical factor in DUI cases. Contact a DUI defense attorney as soon as possible. Early intervention by a lawyer can have a significant impact on the development of your case, including evidence gathering and strategy planning.
Choose an Experienced DUI Defense Firm
Select a law firm with extensive experience in DUI cases. At Cohen & Bernstein, LLC, we know DUI laws and have a proven track record of successfully defending clients in similar situations.
Prepare for Your Initial Consultation
When you meet with your attorney, bring any documentation related to your case, including the police report, court documents, and your written account of the arrest. Be ready to discuss the details of your case openly and honestly.
Follow Your Attorney’s Advice
Once you have legal representation, it’s important to follow your lawyer’s advice. Your attorney’s recommendations are based on their experience handling DUI cases, and their guidance is your best resource for navigating the legal process.
Stay Informed and Engaged
Stay actively involved in your case. Ask questions, understand the strategies being used, and keep yourself informed about the progress of your case.
Consider All Options
Your attorney will explore all available options, from challenging the validity of the stop or the evidence to negotiating plea deals. Be open to different strategies that can lead to a successful outcome.
Take Proactive Steps
If applicable, consider enrolling in a DUI education or treatment program. Such proactive steps can sometimes positively influence the court’s perception and the resolution of your case.
Contact Our New York State DUI Defense Lawyers to Discuss Your Situation
At Cohen & Bernstein, LLC, we are dedicated to supporting you through challenging times. Contact us today or call (888) 872-2898 for your free consultation and find out how we can assist with your DUI or traffic ticket issues.