At Trbovich Law Firm, we understand the complexities and challenges of facing DUI charges in Buffalo. As dedicated Buffalo DUI lawyers, we're committed to providing comprehensive legal support to individuals in this difficult situation. Our team of experienced Buffalo DUI attorneys is well-versed in New York state laws and local Buffalo regulations, ensuring we can offer our clients the most effective defense strategies. Contact us today for robust DUI criminal defense.
What Constitutes DUI Charges in Buffalo?
Driving Under the Influence (DUI) is a serious offense in Buffalo, as it is throughout New York State. The legal consequences of a DUI conviction can be severe, potentially impacting various aspects of your life, including your driving privileges, employment opportunities, and personal freedom. That's why it's crucial to have a knowledgeable Buffalo DUI lawyer by your side from the moment you're charged.
Different Types of DUI Charges in Buffalo
In Buffalo, as in the rest of New York State, there are several types of DUI charges that an individual might face. As experienced Buffalo DUI lawyers, we at Trbovich Law Firm are well-versed in handling all of these charge types. Understanding the specific charge you're facing is crucial for building an effective defense strategy.
Driving While Intoxicated (DWI)
A Buffalo DWI is the most common type of DUI charge in Buffalo. You can be charged with a Buffalo DWI if your Blood Alcohol Content (BAC) is 0.08% or higher. For commercial drivers, the threshold is lower at 0.04%. The penalties for DWI can include:
- Fines ranging from $500 to $1,000 for a first offense
- Up to one year in jail
- License revocation for at least six months
Aggravated Driving While Intoxicated (Aggravated DWI)
An aggravated Buffalo DWI charge applies when your BAC is 0.18% or higher. The penalties for an aggrevated Buffalo DWI charge are more severe than a standard DWI:
- Fines ranging from $1,000 to $2,500
- Up to one year in jail
- License revocation for at least one year
Driving While Ability Impaired by Alcohol (DWAI/Alcohol)
This is a lesser charge than DWI, applied when your BAC is between 0.05% and 0.07%. While the penalties are less severe, it's still a serious charge:
- Fines ranging from $300 to $500 for a first offense
- Up to 15 days in jail
- License suspension for 90 days
Driving While Ability Impaired by Drugs (DWAI/Drug)
This charge applies when you're found to be driving under the influence of drugs, including prescription medications. The penalties are similar to those for DWI.
Driving While Ability Impaired by Combination of Alcohol/Drugs (DWAI/Combination)
This charge is applied when you're found to be impaired by a combination of alcohol and drugs. The penalties are also similar to those for DWI.
Zero Tolerance Law for Buffalo DUIs
For drivers under 21, New York has a Zero Tolerance Law. If you're under 21 and caught driving with a BAC of 0.02% to 0.07%, you can face:
- A $125 civil penalty
- A six-month license suspension
- Potential requirement to attend a drinking driver program
Buffalo DUI Chemical Test Refusal
While not a DUI charge per se, refusing to take a chemical test when suspected of DUI carries its own penalties in New York:
- $500 fine ($550 for commercial drivers)
- One-year license revocation (18 months for commercial drivers)
- $250 annual assessment for three years
As Buffalo DUI attorneys, we at Trbovich Law Firm understand that each of these charges requires a unique defense approach. The specific circumstances of your case, including your BAC level, any prior offenses, and whether drugs were involved, all play a crucial role in determining the best strategy.
How a Buffalo DUI Lawyer Can Help
When you're facing DUI charges, having a skilled Buffalo DUI attorney can significantly influence the outcome of your case. At Trbovich Law Firm, our approach to DUI defense is comprehensive and tailored to each client's unique situation.
DUI Case Evaluation
Our first step is always a thorough evaluation of your case. We examine every detail, from the initial traffic stop to the administration of field sobriety tests and chemical tests. This meticulous approach allows us to identify any potential procedural errors or violations of your rights that could be used in your defense.
Building a Strong DUI Criminal Defense
Based on our evaluation, we develop a robust defense strategy. This may involve:
- Challenging the legality of the traffic stop
- Questioning the accuracy of field sobriety tests
- Examining the reliability and maintenance of breathalyzer equipment
- Investigating the chain of custody for blood or urine samples
- Exploring potential medical conditions that could affect test results
As Buffalo DUI lawyers with extensive experience in local courts, we understand the nuances of DUI cases in our area and can leverage this knowledge to your advantage.
Negotiation and Plea Bargaining for Buffalo DUI Charges
In some cases, the best strategy may be to negotiate with the prosecution for reduced charges or penalties. Our Buffalo DUI attorneys are skilled negotiators who can often secure favorable plea deals, potentially reducing your charges from a DUI to a less severe offense.
DUI Trial Representation
If your case goes to trial, you can count on Trbovich Law Firm to provide vigorous representation. Our Buffalo DUI lawyers have extensive courtroom experience and are prepared to challenge the prosecution's evidence, cross-examine witnesses, and present a compelling case in your defense.
The Importance of Acting Quickly When Charged with a Buffalo DUI
When you're charged with a DUI in Buffalo, time is of the essence. The sooner you involve a Buffalo DUI lawyer, the better your chances of a favorable outcome. Early intervention allows us to:
- Preserve crucial evidence
- Advise you on your rights and how to interact with law enforcement
- Begin building your defense strategy immediately
- Potentially prevent the suspension of your driver's license
At Trbovich Law Firm, we're available 24/7 to assist you in these critical early stages of your case.
What are Field Sobriety Tests?
Field Sobriety Tests (FSTs) are often a key component of DUI arrests in Buffalo. However, these tests are not always reliable indicators of intoxication. As experienced Buffalo DUI attorneys, we know how to challenge the validity and administration of these tests.
Common Field Sobriety Tests include:
- Horizontal Gaze Nystagmus (HGN) Test
- Walk-and-Turn Test
- One-Leg Stand Test
Each of these tests can be affected by various factors unrelated to alcohol consumption, such as medical conditions, fatigue, or even the weather conditions at the time of the test. Our Buffalo DUI lawyers are well-versed in the scientific principles behind these tests and can often cast doubt on their reliability in court.
Chemical Tests and Your Rights
In addition to field sobriety tests, chemical tests such as breathalyzers, blood tests, and urine tests are often used to determine Blood Alcohol Content (BAC). While New York has implied consent laws, meaning you've agreed to submit to these tests by driving on public roads, you still have rights.
As your Buffalo DUI attorney, we can:
- Challenge the accuracy of the testing equipment
- Question the qualifications of the personnel administering the tests
- Investigate whether proper procedures were followed in collecting and analyzing samples
- Explore whether your constitutional rights were violated during the testing process
Understanding and asserting your rights during a DUI stop and arrest is crucial, and having a knowledgeable Buffalo DUI lawyer by your side can make all the difference.
The Impact of Multiple Buffalo DUI Offenses
If you're facing a second, third, or subsequent DUI charge in Buffalo, the potential consequences become even more severe. Multiple offenses can lead to:
- Longer license suspensions or permanent revocation
- Mandatory jail time
- Significant fines
- Felony charges
At Trbovich Law Firm, our Buffalo DUI attorneys have extensive experience handling multiple offense cases. We understand the complexities involved and the potential long-term implications for our clients. Our goal is always to fight for the best possible outcome, whether that's reduced charges, alternative sentencing options, or a full dismissal of the charges.
DUI and Commercial Driver's Licenses
For commercial drivers, a DUI charge can be particularly devastating, potentially ending your career. Commercial Driver's License (CDL) holders are held to stricter standards, with lower BAC limits and more severe penalties for violations.
If you're a commercial driver facing DUI charges in Buffalo, it's crucial to work with a Buffalo DUI lawyer who understands the unique aspects of these cases. At Trbovich Law Firm, we have experience defending CDL holders and understand what's at stake for our clients.
Alternative DUI Sentencing Options
In some cases, we may be able to negotiate for alternative sentencing options. These can include:
- Substance abuse treatment programs
- Community service
- Probation instead of jail time
- Participation in a DUI court program
As your Buffalo DUI attorney, we'll explore all available options to find the best solution for your individual circumstances.
The Role of Technology in Buffalo DUI Cases
Advancements in technology have introduced new elements to DUI defense. From body cameras on police officers to dashboard cameras in patrol cars, there's often video evidence of DUI stops and arrests. As Buffalo DUI criminal defense lawyers, we're adept at obtaining and analyzing this footage, which can sometimes reveal inconsistencies in the officer's account or procedural errors that can benefit your case.
Additionally, emerging technologies like smartphone breathalyzers and wearable alcohol monitors are becoming more common. While these devices aren't typically admissible in court, they can sometimes provide valuable data for your defense strategy.
The Emotional Toll of DUI Charges
At Trbovich Law Firm, we understand that facing DUI charges can be an emotionally challenging experience. The stress, uncertainty, and potential stigma can take a significant toll on you and your loved ones. As your Buffalo DUI attorneys, we're not just here to handle the legal aspects of your case – we're also here to provide support and guidance throughout this difficult time.
We believe in maintaining open lines of communication with our clients, keeping you informed at every stage of the process and addressing any concerns or questions you may have. Our goal is to alleviate as much of the stress and uncertainty as possible, allowing you to focus on moving forward with your life.
The Buffalo DUI Legal Process: What to Expect
As experienced Buffalo DUI lawyers, we at Trbovich Law Firm guide our clients through each stage of the legal process. Here's a concise overview of what to expect:
- Arrest and Booking: You're taken into custody, photographed, and fingerprinted. Remember your right to remain silent and to request a Buffalo DUI attorney.
- Arraignment: Your first court appearance, typically within 48 hours of arrest. Charges are formally read, and you enter a plea. Your Buffalo DUI lawyer can represent you here.
- Pre-Trial Proceedings: This includes discovery (review of evidence), pre-trial motions, and possible plea bargaining. Your Buffalo DUI attorney plays a crucial role in these negotiations.
- DMV Hearing: Separate from criminal proceedings, this hearing addresses your driving privileges. You have 15 days from arrest to request this hearing.
- Trial: If a plea agreement isn't reached, your case goes to trial. As your Buffalo DUI lawyers, we'll present your defense and challenge the prosecution's evidence.
- Sentencing: If convicted or accepting a plea, penalties are determined. These may include fines, license suspension, or jail time. Your Buffalo DUI attorney will advocate for the most favorable outcome.
- Post-Conviction: Options may include appeals or record sealing, depending on your case specifics.
Throughout this process, having a knowledgeable Buffalo DUI lawyer is crucial. At Trbovich Law Firm, we're committed to protecting your rights and working towards the best possible outcome for your case. Contact us today for personalized guidance on your Buffalo DUI case.
Don't Face DUI Charges Alone - Contact Trbovich Law Firm Today
If you're facing DUI charges in Buffalo, time is of the essence. Don't let uncertainty about your future keep you from taking action. At Trbovich Law Firm, our experienced Buffalo DUI lawyers are ready to fight for your rights and work toward the best possible outcome for your case. Contact us now for a confidential consultation and take the first step towards protecting your future.
Buffalo DUI Lawyer FAQs
At Trbovich Law Firm, we understand that DUI cases can raise many questions. Here are answers to some frequently asked questions that we haven't covered elsewhere:
How does a DUI affect my car insurance in Buffalo?
A DUI conviction typically leads to increased insurance premiums. In some cases, your insurance company may even cancel your policy. As your Buffalo DUI attorneys, we can advise you on steps to mitigate these impacts and help you navigate conversations with your insurance provider.
Can I be charged with DUI for driving under the influence of prescription medications?
Yes, you can be charged with DWAI (Driving While Ability Impaired) if prescription medications impair your ability to drive, even if you're taking them as prescribed. Our Buffalo DUI lawyers can help you understand your rights and defense options in these situations.
How do Buffalo's DUI laws apply to boating?
Buffalo's waterways fall under Boating While Intoxicated (BWI) laws, which are similar to DUI laws for vehicles. The legal BAC limit is the same (0.08%), and penalties can be just as severe. If you're facing BWI charges, a Buffalo DUI attorney from our firm can assist you.
What happens if I'm charged with DUI while visiting Buffalo from out of state?
Out-of-state visitors charged with DUI in Buffalo may face complications due to interstate agreements like the Driver License Compact. You may need to return to Buffalo for court appearances. Our Buffalo DUI lawyers can often represent you in court, minimizing the need for travel.
Can a DUI affect my professional license or security clearance?
Yes, a DUI conviction can potentially impact professional licenses and security clearances. The specific effects vary by profession and clearance level. At Trbovich Law Firm, we understand these concerns and can work to minimize the professional impact of your DUI case.
Are there any alternative programs available for first-time DUI offenders in Buffalo?
Buffalo offers some diversion programs for eligible first-time offenders, such as the Buffalo Drug Treatment Court. These programs can sometimes help you avoid a conviction. Our Buffalo criminal defense attorneys can evaluate your eligibility and guide you through the application process if appropriate.
How does a DUI charge affect immigrants in Buffalo?
For non-citizens, a DUI conviction can have serious immigration consequences, potentially affecting visa status or green card applications. If you're an immigrant facing DUI charges, it's crucial to work with a Buffalo DUI lawyer who understands both DUI and immigration law.
Can I be charged with DUI if I'm sleeping in my parked car while intoxicated?
Yes, you can be charged with DUI even if you're not actively driving. If you have physical control of the vehicle (e.g., keys in the ignition), you may be considered to be operating the vehicle under New York law. Our Buffalo DUI attorneys can help you understand and contest these types of charges.
How do Buffalo police determine if someone is driving under the influence of marijuana?
Unlike alcohol, there's no widely accepted breathalyzer test for marijuana. Police typically rely on field sobriety tests and drug recognition experts. However, these methods can be subjective and challengeable. As your Buffalo DUI lawyer, we can scrutinize these procedures and challenge any inconsistencies.
What should I do if I believe the breathalyzer result in my Buffalo DUI case was inaccurate?
Breathalyzer tests can sometimes produce inaccurate results due to various factors, including improper calibration or certain medical conditions. If you believe your test was inaccurate, tell your Buffalo DUI attorney immediately. We can investigate the circumstances, challenge the test results, and potentially have them excluded from evidence.
