Buffalo DWI Attorney
Fighting to Clear Your Name
If you’ve been charged with driving while intoxicated or a related offense, there’s a lot at stake. DWI penalties in New York carry severe penalties that can have effects on your future. Having an experienced Buffalo DWI attorney on your side can help reduce your charges and keep your criminal record clear. Attorney James Quinn Auricchio has experience as both a prosecutor and a Buffalo DWI lawyer. With his knowledge of both sides of the court system, he can craft an airtight defense that will withstand the prosecution’s case against you.
Facing DWI charges in Buffalo? Take the first steps to protect your future by scheduling a free consultation with our DWI attorney today!
Evidence for a NY DWI Conviction
DWI convictions may seem fairly straightforward, but guilt can be difficult to prove. In New York, there are five factors that must be considered prior to a DWI charge. These five factors will determine if you were intoxicated at the time of your arrest, the severity of your charges, and will also determine if a lawful arrest was made.
According to the New York Department of Motor Vehicles, intoxication is based on five factors:
- The amount of alcohol consumed
- The amount of food eaten along with the drink(s)
- The amount of time over which the individual was drinking
- Body weight
For these reasons, it’s hard to make rules on intoxication based on the number or kind of drinks a person had. Evidence collected at the scene can also be inconclusive. Police officers can also make arrests based on “reasonable grounds” to believe a driver has been drinking. These reasons vary and can be fought in court.
Penalties for DWI in New York
All charges related to driving while intoxicated in New York come with a mandatory license suspension/revocation and fines. The minimum suspension is 90 days for driving while ability impaired by alcohol (DWAI) and the longest is 18 months for a third offense of aggravated DWI in NY. Three or more convictions in 10 years may mean your license is permanently revoked.
Aggravated DWI in NY
In New York, a DWI can be considered aggravated DWI under the following circumstances:
- Having a BAC of .18% or higher
- Driving with a child passenger who is 15 years old or under and convicted of DWI
The penalties for aggravated DWI are punished more severely than other DWI offenses.
Possible penalties for a first time aggravated DWI include:
- One year in jail
- A $1,000 to $2,500 fine
- License revocation for one year
Possible penalties for a second time aggravated DWI include:
- One to four years in prison
- A $1,000 to $5,000 fine
- License revocation for 18 months
Possible penalties for a third time aggravated DWI include:
- One to seven years in prison
- A $2,000 to $10,000 fine
- Permanent license revocation
Field Sobriety Tests
Recent studies have shown that breathalyzer tests can be highly inaccurate. However, established practice is for drivers to take a breathalyzer test to determine if they have had any alcohol. If a driver’s breathalyzer test results indicate that they are intoxicated, law enforcement officials usually administer a more accurate chemical test. Refusal to submit to a chemical test results in license revocation.
If you were arrested as a result of a failed breathalyzer test or refusal of a field sobriety test, schedule a consultation to see how our team can help today!
Can a DWI be Reduced in NY?
In the state of New York, it is generally not an option for a DWI conviction to be reduced to reckless driving involving alcohol (also known as “wet reckless”). Usually the best plea bargain in NY DWI convictions is for a DWAI.
Do I Have to Do Field Sobriety Tests?
NO. If you are pulled over and an officer suspects you are under the influence of drugs or alcohol, they will almost surely ask you to step from the vehicle to perform a battery of tests called “Field Sobriety Tests”. Three of these tests are called “Standardized” because they are to be given in a uniform or standard manner to ensure their accuracy. If they are administered correctly, they may provide evidence that you are or are not under the influence.
Unfortunately, very few officers administer these tests as intended and their accuracy is questionable as a result. These tests will give the officer necessary evidence to ultimately request that you submit to a Breath Test. They will also serve as evidence if you are ultimately charged with DWI.
While you do have the right to refuse these tests, but the officers do not have to tell you that. According to New York State case law:
“[t]here is no statutory or other requirement for the establishment of rules regulating field sobriety tests,” the police are not required to inform a defendant that he or she has a right to refuse to perform such tests.”
Keep in mind, if you are arrested and charged with DWI, the Police and Prosecutor may argue that your refusal to perform these tests imply that you would have failed them. However a Buffalo DWI lawyer will argue there are a variety of reasons why someone would fail these tests including injury or disability.
DWI Defense Lawyer in Buffalo
A DWI conviction can affect your daily life, your reputation, and even your job. If you think your DWI charge was unfair or believe you have a chance in fighting your charge, call James Quinn Auricchio, Esq. Our Buffalo DWI attorney has extensive experience defending against DWI charges and compassion for the situation you are in.
Arrested for DWI in New York? Fight your penalties by contacting attorney James Quinn Auricchio for a free consultation!
The best lawyers are not the most expensive ones. They’re not the cheap ones either. If you judge the best lawyers by the results they achieve for their clients, the best lawyers are the ones that have experience, that know how to effectively communicate with their client, and work hard to achieve the best possible out come for their client.
Experience allows a good attorney to obtain the best possible result in less time. That means they don’t have to charge their clients a ton of money. That doesn’t mean you want the cheapest lawyer either though.
Be careful, some lawyers will charge substantially less than others. They work off of volume. But if your case presents unique challenges, they’ll be way too busy to notice issues that could make the difference in your case.
Plan on sitting down with three lawyers when you’re choosing. After ten minutes, most experienced lawyers will be able to give you a pretty educated estimate as to the costs and give you a quote.
Honest, Clear Communication
Fighting for the Individual
Former Federal and State Prosecutor
Prioritizing Integrity in All Cases
Free Initial Consultation
Full-Service Criminal Defense Firm