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Man faces DWI charges after breath test reveals high BAC level

In New York State, driving under the influence can cause major, long-term problems for anyone convicted of it. Law enforcement is in a constant state of awareness of drivers who might be under the influence and will not hesitate to make a traffic stop to investigate.

Those who are stopped by the police and arrested for drunk driving might feel a certain amount of concern and even embarrassment for what happened, but that does not mean they should automatically accept the penalties. Regardless of the circumstances, it is vital to prepare a defense.

A 54-year-old man was arrested for drunk driving after his vehicle was pulled over by law enforcement in Upstate New York. A sheriff made the stop and commenced the investigation. The driver was detained because of the belief that he was intoxicated. At the jail, he was given a breathalyzer test and it said that his blood-alcohol content was .40. This is five times the legal limit. A BAC of .40 is sufficient to put some into a coma. He was charged with aggravated DWI and DWI. It was also found that four days prior to this incident, the man had been arrested for DWI in another part of the state.

Being arrested and charged with driving under the influence is not a simple matter of paying a fine and being done with it. Fines are often part of the penalties that a driver will have assessed, but there are others that can be problematic. There can be a jail sentence, loss of driving privileges, the need to place an ignition interlock device on a vehicle and more. These charges can be costly financially as well as personally. Given all the issues that can come about, a legal defense is imperative.

Although the evidence that is being presented in this case sounds bad for the driver, it does not automatically mean he is guilty. There could have been a problem with the traffic stop making it a violation of his rights. The breathalyzer machine might not have been properly calibrated. Those who conducted the test might not have been licensed to do so. No matter the circumstances, DWI charges do not automatically imply guilt. This man needs to discuss his case with an attorney to plan for a defense immediately.

Source: Rochester First, “Naples man arrested for aggravated DWI with .40 BAC, May 4, 2017

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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.

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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…

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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…

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