At Trbovich Law Firm, we understand the serious consequences of DUI criminal charges in Cheektowaga. Our skilled Cheektowaga DUI defense lawyers are here to protect your rights and fight for the best possible outcome in your case. Contact us today to protect your rights and mitigate consequences.
What Constitutes a DUI in Cheektowaga?
In Cheektowaga, as in the rest of New York State, a driver can be charged with driving under the influence under the following circumstances:
Blood Alcohol Concentration (BAC)
- 0.08% or higher for drivers 21 years or older
- 0.04% or higher for commercial drivers
- Any detectable amount for drivers under 21 (Zero Tolerance Law)
Impairment by Drugs
A driver can also be criminally charged with DUI if they are found to be impaired by:
- Illegal drugs
- Prescription medications
- Over-the-counter medications that affect driving ability
Observable Impairment
Even if a driver's BAC is below 0.08%, they can still be charged with Driving While Ability Impaired (DWAI) if law enforcement observes signs of impairment, such as:
- Erratic driving behavior
- Slurred speech
- Impaired motor coordination
- Failed field sobriety tests
Aggravated DUI
A driver may face more severe charges for Aggravated DUI if:
- Their Blood Alcohol Concentration is 0.18% or higher
- They have a child under 16 in the vehicle (Leandra's Law)
Understanding these criteria is crucial for your defense. Our Cheektowaga DUI defense lawyers at Trbovich Law Firm are well-versed in New York DWI laws and will scrutinize every aspect of your criminal charges to build a strong defense strategy.
Penalties of a DUI Conviction in Cheektowaga
A DUI conviction in Cheektowaga can have severe and long-lasting consequences. Our DUI lawyers near me believe it's crucial for our clients to understand the potential penalties they face. Here's an overview of what you might encounter:
First-Time DUI Offense
- Fines: $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
Second DUI Offense (within 10 years)
- Fines: $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
Third or Subsequent DUI Offense (within 10 years)
- Fines: $2,000 to $10,000
- Jail Time: Up to 7 years
- License Revocation: Minimum of 18 months
- Ignition Interlock Device: Required for at least 12 months
Additional Consequences
- Mandatory alcohol assessment and treatment
- Increased auto insurance premiums
- Criminal record affecting employment and housing opportunities
- Potential professional license suspensions
- Travel restrictions to certain countries
Aggravated DUI Penalties
If your BAC is 0.18% or higher, you may face Aggravated DUI charges, which carry even harsher penalties:
- Fines: Up to $2,500 for first offense
- License Revocation: Minimum of 1 year
- Longer potential jail sentences
Leandra's Law Violations
If you're charged with DUI while a child under 16 is in the vehicle:
- 😎👍
- Potential prison sentence of up to 4 years
- Additional fines and extended license revocation
It's important to note that these penalties can vary based on the specific circumstances of your case. Factors such as prior convictions, BAC level, and whether any accidents or injuries occurred can all influence the severity of the consequences.
How Our Cheektowaga DUI defense lawyers Can Help You
At Trbovich Law Firm, we understand the stress and uncertainty you're facing after a DUI arrest in Cheektowaga. Our experienced criminal defense team is here to guide you through this challenging time and fight for your rights. Here's how we can assist you:
Thorough Case Evaluation
We'll comprehensively review your case, examining every detail from the initial traffic stop to the arrest procedure. We aim to identify any potential weaknesses in the prosecution's case or violations of your rights.
Challenge Evidence
Our Buffalo DUI defense lawyers will scrutinize all evidence against you, including:
- Breathalyzer test results
- Field sobriety test procedures
- Blood test accuracy
- Police dash cam or body cam footage
We'll work to suppress any improper evidence obtained or challenge test results' reliability.
Explore All Defense Strategies
Based on the specifics of your case, we may pursue defenses such as:
- Questioning the legality of the traffic stop
- Challenging the accuracy of BAC testing equipment
- Arguing against the admissibility of field sobriety test results
- Investigating medical conditions that could affect test results
Negotiate with Prosecutors
Our relationships with local Cheektowaga prosecutors often allow us to negotiate for reduced charges or alternative sentencing options. We'll work tirelessly to achieve the best possible outcome for your case.
Represent You in Court
Our experienced litigators will provide aggressive courtroom representation if your case goes to trial. We'll challenge the prosecution's case and fight to protect your rights and freedom.
Guide You Through Administrative Proceedings
A DUI arrest triggers both criminal and administrative processes. We'll help you navigate DMV hearings to protect your driving privileges and assist with any required alcohol education programs or ignition interlock device requirements.
Provide Ongoing Support
Throughout your case, we'll be available to answer your questions, address your concerns, and keep you informed about the progress of your defense. You're not just a case number to us – you're a valued client deserving of our full attention and respect.
Don't let a DUI charge in Cheektowaga derail your future. Contact Trbovich Law Firm today to speak with a skilled Cheektowaga DUI defense attorney. We're here to protect your rights and fight for the best possible outcome in your case.
Areas We Serve
At Trbovich Law Firm, we're proud to offer our DUI criminal defense services throughout the Buffalo area. In addition to Cheektowaga, we serve clients in the following towns and communities:
- Amherst
- Tonawanda
- West Seneca
- Lancaster
- Clarence
- Orchard Park
- Hamburg
- Lackawanna
- Williamsville
- Depew
- Kenmore
- Grand Island
- East Aurora
- North Tonawanda
- Angola
- Getzville
- Elma
- Alden
Whether you're facing DUI charges in one of these communities or anywhere else in Erie County, our experienced attorneys are here to help. We understand the local courts, prosecutors, and law enforcement practices throughout the Buffalo area, allowing us to provide knowledgeable and effective representation no matter where your case is being heard.
What To Do If You're Charged with a DUI in Cheektowaga
Being charged with a DUI can be a daunting experience. At Trbovich Law Firm, we recommend taking the following steps to protect your rights and improve your chances of a favorable outcome:
Exercise Your Right to Remain Silent
Politely decline to answer questions about your drinking or drug use. Avoid making any statements that could be used against you later, as anything you say can be used as evidence in court.
Be Respectful but Assert Your Rights
Cooperate with basic requests from law enforcement, but remember that you have the right to refuse field sobriety tests and portable breathalyzer tests. If arrested, you must submit to a chemical test at the station or risk additional penalties.
Document Everything
As soon as possible, write down everything you remember about the incident, including the time and location of your arrest, any witnesses present, and the officer's conduct. This information can be crucial for your defense.
Attend All Court Appearances
Missing a court date can result in additional charges or a warrant for your arrest. If you can't make a scheduled appearance, contact the court immediately.
Don't Discuss Your DUI Case
Avoid talking about your arrest on social media or with friends and family, as these conversations could potentially be used against you.
Seek Medical Attention if Necessary
See a doctor if you have any medical conditions that might have affected your driving or test results. Medical records could be valuable evidence in your defense.
Preserve Evidence
Keep any receipts or records from the day of your arrest. If there were witnesses, try to obtain their contact information.
Consider License Suspension Hearings
You have a limited time to request a DMV hearing to contest the license suspension. We can help you navigate this process to potentially preserve your driving privileges.
Explore Treatment Options
Voluntarily entering an alcohol education or treatment program can sometimes work in your favor. We can advise you on whether this step is appropriate for your situation.
Contact a Cheektowaga DUI Defense Lawyer Immediately
The sooner you involve an experienced attorney, the better your chances of a positive outcome. At Trbovich Law Firm, we offer free initial consultations to discuss your case.
Protect Your Future: Act Now
Don't let a DUI charge derail your life. At Trbovich Law Firm, we have the experience and dedication to fight for your rights and pursue the best possible outcome for your case. Time is critical in DWI cases, so don't wait to get the legal representation you need. Contact us today for immediate assistance.
Cheektowaga DUI Defense Lawyer FAQs
How soon after a DUI arrest should I contact a Cheektowaga DUI Defense Lawyer?
You should contact a Cheektowaga DUI defense lawyer as soon as possible after your arrest. Early intervention can be crucial in protecting your rights and building a strong defense strategy.
Can I refuse a breathalyzer test in Cheektowaga?
While you can refuse a roadside breathalyzer, refusing a chemical test at the police station can result in automatic license revocation and other penalties under New York's implied consent laws.
Will I lose my license after a DUI arrest in Cheektowaga?
Your license may be suspended at arraignment. However, we can help you apply for a conditional license or challenge the suspension at a DMV hearing.
What's the difference between DUI in New York?
DUI typically involves a BAC of 0.08% or higher, while DWAI (Driving While Ability Impaired) can be charged with a lower BAC if there's evidence of impairment.
Can a DUI charge be reduced or dismissed?
Yes, depending on the circumstances of your case. We may be able to negotiate for reduced charges or even dismissal if there are issues with the evidence or procedural errors.
How much does a DUI attorney cost in Cheektowaga?
Costs can vary based on the complexity of your case. At Trbovich Law Firm, we offer free initial consultations and can discuss fee structures during this meeting.
Will a DUI conviction affect my job?
A DUI conviction can impact employment, especially if your job requires driving. We work to minimize these consequences and protect your professional life.
How long will a DUI stay on my record?
In New York, a DUI conviction typically stays on your criminal record indefinitely, but it affects your driving record for 10 years.
Can I get a DUI expunged in New York?
New York doesn't offer expungement, but under certain circumstances, you may be eligible for record sealing after a waiting period.
What if this is my second or third DUI offense?
Repeat offenses carry more severe penalties. It's crucial to have experienced legal representation to navigate these complex cases and seek the best possible outcome.
Cheektowaga City Court
3223 Union Road
Cheektowaga, NY 14227
