Our legal team has a proven track record of helping DWI / DUI clients save their jobs, keep their driver’s licenses, reduce charges and fines, and stay out of jail. The skilled attorneys at Ostrer & Associates know what it takes to successfully defend against DWI / DUI charges. We understand the technical science behind blood alcohol testing and routinely work with toxicologists, accident reconstruction specialists, and other experts to devise the best defensive strategies for our clients. The case below is one example of our successful representation.

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Second Time Offender from Orange County’s Charges Reduces from a Felony DWI to a Misdemeanor

Our client had driven his car off the roadway into a ditch. He was sitting in the driver’s seat with the keys in the ignition when the police officer approached his car. According to the officer, our client had glassy eyes, failed field sobriety tests, used the car to brace himself, and refused the breathalyzer and additional field sobriety tests after being warned of the penalties for refusing to do so. He was charged with Felony Driving While Intoxicated under Vehicle and Traffic Law §1192.3, Refusal to Take Breathalyzer under §1194.1B, and Moving from Lane Unsafely under §1128A in the Town of Chester, New York. Unfortunately, this was not our client’s first DWI offense.

The penalties for a first time DWI charge are significant. Those for repeat offenders are even harsher. A first time offense is considered a misdemeanor with exposure to up to one year of county jail time. A second offense raises the crime to a felony with exposure to four years in state prison. Refusing a breathalyzer test results in automatic loss of a driver’s license for one year.

DWI Sentence with No Jail Time

As a second time offender, our client face the upgraded felony charge. After much negotiation, we were able to persuade the District Attorney and Court to reduce the charges from a felony to a misdemeanor with no jail time. The breathalyzer refusal penalty is imposed by the New York Department of Motor Vehicles and was not negotiable; however, we were able to obtain the ability for our client to apply for a conditional license with ignition interlock monitoring. In lieu of jail time, our client received three years’ probation with special alcohol and substance abuse conditions. He was also required to attend and complete the New York State Impaired Driver Program which made him eligible for a conditional license.

Our lawyers explore every avenue of defense by thoroughly reviewing police reports, interviewing witnesses, and gathering key facts and evidence. We conduct a comprehensive analysis to ensure that your constitutional rights were not violated.

If you have been charged with a DWI or DUI offense, contact the experienced, skilled criminal defense attorneys of Ostrer & Associates, P.C. who will aggressively defend you.

P.O. Box 509
111 Main Street, Chester, NY 10918