Search Site
Menu

DWI charges in New York require a strong defense

Drunk driving charges carry serious potential penalties and consequences, including criminal penalties and administrative consequences such as license suspension, that it is important to be aware of. The potential penalties and consequences can increase if the accused individual has more than DWI offense and is on their second DWI offense for example. Drunk driving laws are commonly strictly enforced and accused individuals with repeat DWIs may be treated harshly.

Penalties for even the first DWI charge in New York may be harsh. If the accused individual has a blood alcohol content (BAC) level under the legal limit of .08, they may face only traffic infraction charges for their first and second DWI offense. Penalties and fines, however, including a potential jail sentence and 90-day license suspension for their first offense can have a significant impact on the life of the accused individual. An accused individual’s license may be suspended for at least six months for a second offense.

When accused individual’s BAC is .08 or higher, penalties and consequences increase significantly because the criminal charges they are facing become felony charges. The penalties increase under New York law for a second DWI offense to up to 4 years in jail; at least 6 months of driver’s license revocation; and at least $1,000 in fines. In some circumstances, a third DWI can result in up to 7 years in jail; at least 18 months of driver’s license revocation; and at least $2,000 in fines.

As is always the case when an accused individual is facing criminal charges, they are facing serious potential penalties and consequences but also have important criminal defense rights and protections to be familiar with and to know how to assert. A strong criminal defense strategy may be able to reduce criminal charges and the possible penalties and consequences the accused individual is facing or, depending on the circumstances, eliminate them all together which is why it is important for accused individuals to be familiar with their criminal defense options.

Leave a Reply

Your email address will not be published. Required fields are marked *

James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

Adam D. Staier Attorney Photo
Adam D. Staier
Of Counsel

About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…

William M. Swift Attorney Photo
William M. Swift
Associate Attorney

About William M. Swift is an associate attorney at the Law Office of James L. Riotto and brings 20 years of experience to our clients. His practice focuses on personal injury cases and criminal matters. He has successfully represented individuals in felony, misdemeanor cases. Additionally, he has extensive knowledge in DMV administrative proceedings involving suspensions…

  • What to do if pulled over for a DUI


    How to deal with a DWI traffic stop

    How you handle getting pulled over for a DUI/DWI can significantly affect your defense down the road. For instance, declining the officer's request to search your vehicle and avoiding specific answers when asked about any substances you may have consumed could help you when combating DUI/DWI charges in court.
    READ MORE
Reviews and Ratings
  • google
    5.0/5.0

    I'm a commercial driver with a clean record. I was stopped for speeding 82 in a 65 and also an improper seatbelt ticket for my daughter in the backseat. I contacted James riottos law office and sent them my information and payment. I did a traffic...

    Read more

    Chris Z

  • google
    5.0/5.0

    The law office of James Riotto is staffed with very knowledgeable and respectful people. When you have concerns or questions about your case they respond back within the same day. They don’t leave you hanging and wondering for days on end. I could ...

    Read more

    Joseph Sirenda

  • google
    5.0/5.0

    Professional and prompt. Good experience.

    Read more

    alexander simon

  • google
    5.0/5.0

    "I had an exceptional experience with the Law office of James L. Riotto in a traffic case. His professionalism and experience were evident from the beginning. He guided me through the legal process with clarity and tranquility, and in court, his abil...

    Read more

    Me da lo Mismo

  • google
    5.0/5.0

    With anything in life you get what you pay for, And when your family and life hang in the balance due to a miscarriage of the justice system these are the people you want by your side. Everyone in the office is understanding and makes sure you are pa...

    Read more

    Michael Waterhouse

See all reviews
  • AV Rated by Martindale | Client Champion Platinum Award
    Avvo Client's Choice
    Lead Counsel Verified Badge
  • Superlawyers Rising Star
    Expertise Best Criminal Attorney in Rochester
    Justia 10.0 Rating

We Accept the Following Payment Solutions

Contact us

Quick Contact Form