One of the Hudson Valley’s Most Respected Criminal Defense Law Firms, We Represent Defendants Accused of DWI and DUI
Our founding lawyer has won major acquittals for clients throughout the Ulster, Dutchess, Sullivan, Rockland and Orange County NY area.
Hiring an experienced attorney immediately after you or a loved one is charged with Driving While Intoxicated (DWI), Driving Under the Influence (DUI), or related offenses is the most important decision you will make. Our team has over thirty years of experience in the defense of DWI / DUI cases including: felony and misdemeanor DWI / DUI, Vehicular Manslaughter, Vehicular Homicide, and under age offenses. We offer 24 hour service and frequently appear at the time of arrest. We also offer free consultation to discuss your case and to give a better understanding of the pending charges against you.
Our legal team has utilizes unique strategies in assisting clients to save their jobs, keep their driver’s licenses, reduce their fines and keep them out of jail. At Ostrer & Associates, we understand the complexity of driving related cases, including the technical science of the mechanisms used to test a subject’s blood alcohol content. Our team has built a successful defense, whether it be working with accident reconstruction experts at the scene, interviewing key witnesses, using toxicologists, and eliciting other relevant expert testimony. We dedicate time and effort to successfully defend motorists just like you.
DWI / DUI Offenses and Penalties
The ramifications of a DWI / DUI arrest depend upon varying factors, including: whether it is your first offense, if you are underage, the substance impairing you, the type of driver’s license you hold, whether there are any Leandra’s Law violations, and whether you submitted to a chemical test. You can be incarcerated and lose your license, as well as be required to pay hefty fines, enroll in a drinking driver program, and be subjected to ignition interlock device installation.
DWI / DUI arrests in New York trigger two separate cases for the accused: one in criminal court and one in the New York Department of Motor Vehicles (DMV). The DMV case is the one that determines the status of your driving privileges. We can represent you in both hearings. These two cases require proof of distinct facts. You may be prosecuted based upon a known level of the alcohol content in your system as the result of a breath or blood test. You may also be charged based upon the arresting officer’s observations under a traditional common law theory. New York DWI /DUI arrests based on the common law theory do not require a blood alcohol level or drug test result; they may be based upon the conclusions of the arresting officer regarding a motorist’s driving ability and appearance.
Penalties for First Time DWI / DUI Offenders
DWI
Under Age Offenders. There is a zero tolerance policy for drivers under the age of 21, which lowers the legal blood alcohol content level to .02%. This is a strict policy with strict penalties:
- Suspended license for 6 months
- $125 civil penalty
- $100 fee
- Possible enrollment in the New York Drinking Driver Program with costs
- Possible ignition interlock device installation with costs
Over 21 Offenders. You will be charged with a DWI if your blood alcohol level is .08 or greater. Your penalties include:
- Imprisonment for up to 1 year
- Suspended license for 6 months
- Civil penalty ranging from $500 to $1,000
- Minimum $250 annual assessment fine, for a total of $750 in fines over 3 years
- Possible enrollment in the New York Drinking Driver Program with costs
- Possible ignition interlock device installation with costs
Commercial Drivers. There is a lower blood alcohol content threshold for commercial drivers. You will be charged with DWI if your blood alcohol content level is .04% or greater. Commercial drivers convicted of DWI have much more severe penalties than those that regular passenger drivers experience, including loss of their license for one year, and ineligibility for a temporary work permit.
DWAI / Alcohol 21 and Over
- Imprisonment for up to 15 days
- Suspended license for 90 days
- Civil penalty ranging from $300 to $500
- Minimum $250 annual assessment fine, for a total of $750 in fines over 3 years
- Possible enrollment in the New York Drinking Driver Program with costs
- Possible ignition interlock device installation with costs
DWAI / Drugs 21 and Over
- Imprisonment for up to 1 year
- Suspended license for 6 months
- Civil penalty ranging from $500 to $1,000
- Minimum $250 annual assessment fine, for a total of $750 in fines over 3 years
- Possible enrollment in the New York Drinking Driver Program with costs
- Possible ignition interlock device installation with costs
DWAI / Combination of Alcohol and Drugs 21 and Over
- Imprisonment for up to 1 year
- Suspended license for 6 months
- Civil penalty ranging from $500 to $1,000
- Minimum $250 annual assessment fine, for a total of $750 in fines over 3 years
- Possible enrollment in the New York Drinking Driver Program with costs
- Possible ignition interlock device installation with costs
Aggravated DWI 21 and Over
You will be charged with Aggravated DWI if your blood alcohol content level is greater than .18%. Penalties include:
- Imprisonment for up to 1 year
- Suspended license for 1 year
- Civil penalty ranging from $1,000 to $2,500
- Minimum $250 annual assessment fine, for a total of $750 in fines over 3 years
- Possible enrollment in the New York Drinking Driver Program with costs
- Possible ignition interlock device installation with costs
Enhanced Penalties for DWI / DUI Repeat Offenders
If you are being charged with, or have been convicted of, a DWI or DUI offense within 10 years of a previous charge you will receive harsher penalties and jail time. It is crucial that repeat offenders retain experienced counsel to help them get the penalties reduced.
Refusing to Take a Chemical Test Can Result in Harsher Penalties
Refusal hearings are separate from your criminal case. They determine additional penalties for refusing to take a chemical test. If you are a first time offender less than 21 years of age and you violate the zero tolerance law by refusing a chemical test , you face a $300 civil penalty, $100 fee to reapply for your license, and License revocation for at least one year. First time offenders over 21 years of age who refuse a chemical test lose their license for at least 1 year and must pay a $500 civil penalty. First time commercial driver offenders who refuse a chemical test will lose their license for 18 months and must pay a $550 civil penalty.
A DWI / DUI Arrest and Conviction Can Result in Forfeiture
If you have been arrested for DWI / DUI the police can immediately impound your car and bring civil forfeiture proceedings against you – even if you don’t own the car you were arrested in. You can actually have your DWI / DUI case dismissed and lose your car. We can assist you with these proceedings.