Are you facing DWI charges in Orchard Park? The Trbovich Law Firm is here to protect your rights and fight for the best possible outcome. With years of experience defending clients against DWI charges, our Orchard Park DWI lawyers understand the complexities of New York's drunk driving laws and how to build a strong defense strategy. Contact us today for immediate assistance.
What Constitutes a DWI in Orchard Park, NY?
In Orchard Park, as in the rest of New York State, a driver can be charged with Driving While Intoxicated (DWI) under the following circumstances:
- Blood Alcohol Content (BAC) of 0.08% or higher: For most drivers 21 years or older operating a standard vehicle.
- BAC of 0.04% or higher: For commercial drivers operating a commercial vehicle.
- Any amount of BAC for drivers under 21: New York has a zero-tolerance policy for underage drinking and driving.
- Impairment by drugs: This includes illegal drugs, prescription medications, and even some over-the-counter medications that affect your ability to drive safely.
- Visible impairment: Even if your BAC is below 0.08%, you can still be charged with Driving While Ability Impaired (DWAI) if an officer observes signs of impairment.
Important Factors to Consider:
- Field Sobriety Tests: Officers may use these tests to establish probable cause for arrest.
- Chemical Tests: Refusing a breathalyzer or blood test can result in automatic license suspension, regardless of whether you're ultimately convicted of DWI.
- Aggravating Factors: Having a child in the vehicle, causing an accident, or having an extremely high BAC can lead to more severe charges.
Understanding these criteria is crucial for anyone facing DWI charges in Orchard Park. At Trbovich Law Firm, our Orachard Park and Buffalo DUI lawyers are well-versed in the nuances of New York's DWI laws and can help you navigate your case.
Penalties for a DWI Conviction in Orchard Park
Understanding the potential consequences of a DWI conviction in Orchard Park is crucial. Trbovich Law Firm believes in providing our clients with clear, comprehensive information about the penalties they may face. Here's an overview of the potential penalties for DWI convictions in Orchard Park, NY:
First Offense DWI
- Fine: $500 to $1,000
- Jail Time: Up to 1 year
- License Revocation: Minimum of 6 months
- Ignition Interlock Device: Required for at least 6 months after license reinstatement
Second Offense DWI (within 10 years)
- Fine: $1,000 to $5,000
- Jail Time: Up to 4 years
- License Revocation: Minimum of 1 year
- Ignition Interlock Device: Required for at least 12 months after license reinstatement
Third or Subsequent Offense DWI (within 10 years)
- Fine: $2,000 to $10,000
- Jail Time: Up to 7 years
- License Revocation: Minimum of 1 year, possibly permanent revocation
- Ignition Interlock Device: Required for extended period after license reinstatement
Additional Consequences
- Mandatory Surcharges: $395 for all offenses
- Driver Responsibility Assessment: $250 per year for 3 years
- Alcohol Evaluation and Treatment: May be required by the court
- Probation: Possible, especially for repeat offenders
- Community Service: May be mandated by the court
- Increased Insurance Premiums: Often substantial and long-lasting
Aggravating Factors
Penalties may be more severe if:
- Your BAC was 0.18% or higher (Aggravated DWI)
- You had a child under 16 in the vehicle (Leandra's Law)
- You caused an accident resulting in injury or death
It's important to note that these are general guidelines. The actual penalties can vary based on the specific circumstances of your case and the judge's discretion.
How We Can Help: Your Orchard Park DWI Lawyers
At Trbovich Law Firm, we understand the stress and uncertainty you're facing after a DWI arrest in Orchard Park. As your dedicated Orchard Park DWI lawyers, we're here to guide you through every step of the legal process and fight for your rights. Here's how we can assist you:
Immediate Legal Intervention
From the moment you contact us, we spring into action. We'll advise you on what to say (and what not to say) to law enforcement and work to protect your rights from the outset.
Comprehensive Case Analysis
Our team will meticulously review every aspect of your case, including:
- The circumstances of your traffic stop
- The validity of field sobriety tests
- The accuracy of breathalyzer or blood test results
- The procedures followed during your arrest
Building a Strong Defense Strategy
We'll craft a defense strategy tailored to your situation based on our analysis. This may involve:
- Challenging the legality of the traffic stop
- Questioning the reliability of BAC testing equipment
- Exploring potential violations of your constitutional rights
Negotiating with Prosecutors
We can often negotiate with prosecutors to reduce charges or penalties. Our established relationships within the Orchard Park legal community often prove invaluable in these negotiations.
Representation in Court
If your case goes to trial, you'll have our experienced litigators by your side. We'll present a compelling case to the judge and jury, working tirelessly to secure the best possible outcome.
Minimizing Collateral Consequences
A DWI can impact more than just your driving privileges. We'll advise you on mitigating potential effects on your job, professional licenses, and personal life.
Guiding You Through Administrative Procedures
We'll help you navigate the DMV hearings and other administrative processes accompanying a DWI charge, fighting to preserve your driving privileges wherever possible.
Exploring Alternative Sentencing Options
For some clients, our Orchard Park DWI lawyers can advocate for alternative sentencing, such as alcohol education programs or community service, in lieu of more severe penalties.
What To Do If You Have Been Charged with a DWI In Orchard Park
Being charged with a DWI in Orchard Park can be a daunting experience. At Trbovich Law Firm, we understand the stress and uncertainty you're facing. Here are the crucial steps you should take to protect your rights and improve your legal position:
Exercise Your Right to Remain Silent
Politely decline to answer questions beyond providing basic identification. Remember, anything you say can be used against you in court. Don't discuss the details of your arrest with anyone except your Orchard Park DWI lawyer.
Contact an Experienced DWI Attorney Immediately
Call Trbovich Law Firm as soon as possible after your arrest. Don't discuss your case with prosecutors or accept any plea deals without consulting us first. The sooner we're involved, the better we can protect your rights and build your defense.
Document Everything You Remember
Write down all details about the events leading up to, during, and after your arrest. Note the officer's conduct, any tests administered, and conversations that occurred. This information can be crucial for your defense strategy.
Attend All Court Appearances
Missing a court date can result in additional charges or a warrant for your arrest. We'll ensure you're prepared for each appearance and represent you in court.
Comply with Any Temporary Restrictions
Follow all court orders regarding driving restrictions or alcohol monitoring. Violation of these orders can severely harm your case.
Preserve Evidence
Keep all documents related to your arrest and charges. If there were witnesses, try to obtain their contact information. Don't delete any photos or videos from the night of your arrest.
Consider an Alcohol Evaluation
Voluntarily undergoing an evaluation can sometimes work in your favor. We can advise you on whether this step is appropriate for your situation.
Stay Off Social Media
Avoid posting about your case or related activities online. Prosecutors may use your social media posts against you.
Take Care of Your Health
Consider seeking counseling or support to manage stress. Avoid any behavior that could lead to additional legal troubles.
Let Us Handle Communications
Direct all case-related inquiries from law enforcement or prosecutors to us. We'll manage all legal communications on your behalf.
Don't Face DWI Charges Alone - Contact Trbovich Law Firm Today
Your future is too important to leave to chance. At Trbovich Law Firm, we have the experience, knowledge, and dedication to defend your rights and fight for the best possible outcome in your Orchard Park DWI case.
Don't wait - the sooner you act, the more options we have to build a strong defense. Contact us now for a free, confidential consultation. Let our Orchard Park DWI lawyers put their experience to work for you.
Orchard Park DWI Lawyer FAQs
Can I refuse a breathalyzer test in Orchard Park?
While you have the right to refuse a breathalyzer test, doing so in New York State results in automatic license suspension for at least one year. Additionally, your refusal can be used as evidence against you in court. It's important to understand that refusing doesn't guarantee a better legal outcome.
What's the difference between DWI and DWAI in Orchard Park?
DWI (Driving While Intoxicated) typically refers to driving with a BAC of 0.08% or higher. DWAI (Driving While Ability Impaired) applies when your BAC is between 0.05% and 0.07%, or if there's evidence that you're impaired by alcohol or drugs, regardless of BAC. DWAI carries slightly less severe penalties than DWI.
Can a DWI charge in Orchard Park be reduced to a lesser offense?
In some cases, yes. Depending on the circumstances of your arrest and the strength of the evidence against you, it may be possible to negotiate a plea deal for a reduced charge. This is where having an experienced Orchard Park DWI attorney can make a significant difference.
How long will a DWI stay on my record in New York?
A DWI conviction stays on your criminal record permanently in New York unless you're granted a pardon or your records are sealed. It remains on your driving record for 10 years.
Will I lose my license immediately after a DWI arrest in Orchard Park?
Your license is typically suspended at arraignment. However, you may be eligible for a hardship license or a conditional license, depending on your situation. We can help you navigate this process to minimize disruption to your life.
How can Trbovich Law Firm help with my Orchard Park DWI case?
Our experienced team will thoroughly investigate your case, challenge any irregularities in the arrest process, negotiate with prosecutors, and build a strong defense strategy. We aim to have charges reduced or dismissed when possible, and to minimize penalties if conviction cannot be avoided.
Orchard Park DWI Criminal Defense Lawyer
Orchard Park Court
4295 S. Buffalo Street
Orchard Park, NY 14127
If you receive a summons to DWI or Traffic court in Orchard Park, New York, you want a DUI lawyer near me who can get results. At Trbovich Law Firm, with our highly aggressive and experienced team, you can rest assured that your issue will receive the attention it deserves. We also have West Seneca DWAI/DUI lawyers, Buffalo DUI lawyers, and more.
Whether you are from in town, passing through, or perhaps from West Seneca, you have a lot at stake with your case. Orchard Park is home to New Era Field, the home stadium for the NFL Team of The Buffalo Bills. Orchard Park does have an open container law for games on Sunday and tailgating in stadium lots and many private lots surrounding the stadium, including Erie County Community College. Our firm has witnessed that the job of the police and stadium security it traffic control to get people out of the lots. However, from the Sunday games and overindulgence, our firm sees DWI charges in surrounding cities, such as Cheektowaga, Hamburg, East Aurora, Depew, and Tonawanda.
Our team frequently appears for clients in Orchard Park, East Aurora, Hamburg, and the additional suburbs of the Southtowns town courts. We understand how to compile the evidence and details of a case to put forth your customized defense. Our experienced team will come to you for a consultation or court appearance.
Orchard Park Court is held on every Tuesday at 4:00 pm. The first and second Tuesday of each month is Vehicle and Traffic Town Code and Penal Law Violations. The third and fourth Tuesday of each month is the Criminal Court calendar. Vehicle and Traffic Violations and Penal Law are handled by the Town Prosecutor, while the criminal court is handled by the Assistant District Attorney.
Call us today to schedule your consultation and discuss the details of your case. We have both flat fees and payment plans available to help our clients.
