If you or someone you know has been charged with a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated), it's essential to understand the gravity of these charges and the impact they can have on one's life. At Trbovich Law Firm, based in Buffalo, NY, we have experience in providing vigorous defense for individuals facing these serious accusations. Our goal is to help you navigate the complexities of the legal system and fight for the best possible outcome.
What Constitutes a DUI and DWI In Buffalo?
In Buffalo, New York, as in the rest of the state, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably but legally refer to similar offenses of operating a vehicle under the influence of alcohol or drugs. Here’s what constitutes a DUI and DWI in Buffalo, NY:
DWI (Driving While Intoxicated)
- Basic DWI: This is the most common offense and is typically charged when a driver operates a vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher.
- Aggravated DWI: If a driver has a BAC of 0.18% or higher, they can be charged with Aggravated DWI, which carries more severe penalties.
DUI (Driving Under the Influence)
- Driving Under the Influence: While New York primarily uses the term DWI, DUI can be used to describe driving under the influence of either alcohol or drugs, including prescription medications and controlled substances, that impair the driver's ability to operate a vehicle safely.
Other Related Offenses
- DWAI (Driving While Ability Impaired): New York also has a charge for driving while ability impaired by alcohol with a BAC more than 0.05% but less than 0.07%, or by a single drug other than alcohol.
- DWAI/Combination: This involves driving while ability impaired by a combination of alcohol and drugs.
- Chemical Test Refusal: A driver who refuses to take a chemical test (breath, blood, or urine) when requested by law enforcement faces a separate administrative charge that can result in a fine and driver’s license suspension.
Penalties for a DWI/DUI
Penalties for DUI/DWI in Buffalo can vary widely depending on the specific circumstances of the case, including the driver’s BAC, prior offenses, and whether the incident resulted in an accident or injuries. Generally, penalties can include:
- Fines: Ranging from hundreds to thousands of dollars.
- License Suspension or Revocation: The length of suspension or revocation can vary, typically increasing with repeat offenses or higher BAC levels.
- Imprisonment: Jail time can also vary, with longer sentences for repeat offenders or more severe cases.
- Mandatory Alcohol Education, Assessment and Treatment: Offenders may be required to attend programs aimed at reducing drunk driving behavior.
How a DUI/DWI Lawyer Can Help
At Trbovich Law Firm, we understand the anxiety and uncertainty that come with facing DUI/DWI charges in Buffalo, NY. Our dedicated DUI lawyers are committed to offering legal representation, ensuring that your rights are protected throughout the legal process. Here’s how we can assist you if you're dealing with such charges:
Comprehensive Case Evaluation
From the moment you engage our services, we conduct a detailed assessment of your case. We meticulously review the police report, the circumstances of your arrest, and all evidence the prosecution presents. Our thorough approach ensures that we understand every aspect of your case, enabling us to identify any weaknesses in the prosecution's arguments or procedural errors that could be pivotal in your defense.
Challenging the Traffic Stop and Arrest
We scrutinize the legality of the initial traffic stop and subsequent arrest. Law enforcement must have a valid reason, or "probable cause," to make a traffic stop. If we determine that the stop was unjustified or if the arrest procedures were mishandled (such as failure to read Miranda rights), we can argue for the dismissal of charges based on these violations.
Analyzing Sobriety Testing
Sobriety tests, whether field or chemical, must be conducted according to strict protocols. We evaluate the administration of these tests, questioning the accuracy of the equipment used and the qualifications of the officer conducting the tests. If there are any irregularities in how tests were administered or if the equipment was improperly calibrated, we can challenge the reliability of the evidence used to support your DUI/DWI charge.
Skilled Negotiations
Our Buffalo DWI attorneys are experienced negotiators striving to achieve our client's best possible outcome. We engage with prosecutors to discuss the possibility of reducing charges, minimizing penalties, or potentially dismissing charges altogether, depending on the strengths of your case and any procedural issues we identify.
Vigorous Trial Advocacy
Should your case proceed to trial, you can count on our skilled attorneys to provide vigorous representation. We prepare extensively, developing a strong defense strategy and advocating on your behalf in court. Our goal is to present your case in the most favorable light, aiming to secure a verdict of not guilty.
Guidance and Support
Throughout the legal process, we ensure that you are fully informed about the developments in your case and the legal options available to you. We understand that this is a challenging time, and our team is here to provide legal representation and emotional support, helping you navigate the complexities of the legal system with confidence.
Our Commitment to You
Trbovich Law Firm is dedicated to defending your rights and ensuring you receive a fair trial. We understand the stress and uncertainty that come with DUI/DWI charges and are here to support you throughout the entire legal process. Our team is committed to transparency and communication, ensuring you are informed and confident in your defense strategy.
Get the Defense You Deserve
Don't face DUI/DWI charges alone. The consequences of a conviction can be long-lasting, affecting everything from employment opportunities to personal relationships. Contact Trbovich Law Firm today to schedule a consultation with a knowledgeable DUI/DWI lawyer who will fight for your rights and aim to achieve the best possible outcome in your case. Let us help you move forward.
What To Do If You Have Been Cited with a Buffalo DWI/DUI
Being cited with a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) can be a stressful and intimidating experience. Understanding the steps you should take immediately after being charged to protect your rights and prepare for the legal challenges ahead is crucial. Here’s a guide on what to do if you find yourself in this situation:
Stay Calm and Be Polite
Your behavior during and after the arrest can impact your case. Remain calm, be polite to the arresting officers, and avoid making any statements or engaging in behavior that could be used against you in court. Remember, you have the right to remain silent and anything you say can be used against you.
Do Not Resist Arrest
Resisting arrest can lead to additional charges and complicate your situation. Comply with the officer's instructions, even if you believe the arrest is unjustified. Your criminal defense attorney can address any issues with the arrest later.
Consider Chemical Test Implications
In many jurisdictions, refusing to undergo a chemical breath or blood test can result in immediate penalties, such as a driver’s license suspension, and can be used as evidence against you in court. Be aware that consent to these tests is often implied by holding a driver’s license in many states, but the specifics can vary.
Contact an Attorney Immediately
Seek legal counsel from a Buffalo DWI/DUI attorney as soon as possible. An experienced lawyer can guide you through the legal process, help protect your rights, and work to achieve the best possible outcome. They can also handle communications with law enforcement and the court on your behalf.
Document Everything
Document all details of the arrest as soon as you can while your memory is fresh. Include the time and place of the stop, the reason given by the officer for pulling you over, what was said, how sobriety tests were conducted, and any other observations. This information can be crucial for your defense.
Request a DMV Hearing
In many states, after a DUI/DWI arrest, your driver's license is subject to an administrative suspension. You typically have a limited window (often about 10 days) to request a hearing from the Department of Motor Vehicles (DMV) to challenge this suspension. Your attorney can handle this request and represent you at the hearing.
Prepare for the Court Appearance
Your DWI attorney will help you prepare for your initial court appearance, known as an arraignment. During this appearance, you will be formally charged and will have the opportunity to enter a plea. Your lawyer will advise you on the best course of action, whether it is to plead guilty, not guilty, or no contest, depending on the specifics of your case.
Follow Legal and Court Instructions
Throughout the legal process, follow all instructions from your attorney and the court. This includes showing up for all court dates, meeting filing deadlines, and adhering to any conditions set by the court, such as no further driving or alcohol consumption.
Consider Treatment Programs
Depending on the circumstances of your case and local laws, entering a drug or alcohol rehabilitation program might help mitigate the court's ruling. It can demonstrate your commitment to sobriety and responsibility.
Stay Informed and Proactive
Stay informed about the progress of your case and maintain open communication with your attorney. Being proactive in your defense can make a significant difference in the outcome.
Facing a DUI/DWI charge is a serious situation, but by taking the right steps, you can manage the process effectively with the help of a skilled attorney.
Need Legal Assistance with a DUI/DWI Charge?
If you've been cited for a Buffalo DWI or DUI, time is of the essence. Contact Trbovich Law Firm today to protect your rights and start building a strong defense. Our experienced Buffalo DWI/DUI lawyers are ready to guide you through every step of the process, offering advice and robust representation. Don’t navigate this challenging time alone—let us help you achieve the best possible outcome. Call now for a consultation and take the first step towards resolving your case with confidence.
New York DWI/DUI Lawyer FAQs
When facing Buffalo DWI/DUI charges in New York, it's natural to have many questions about your situation and how best to handle it. Below is a list of frequently asked questions regarding DUI/DWI laws in New York, designed to provide you with a better understanding of what to expect and how to proceed.
1. What's the difference between a DUI and a DWI in New York?
In New York, DUI generally refers to driving under the influence, which can include alcohol, drugs, or both. DWI stands for driving while intoxicated, typically by alcohol, and is measured by a blood alcohol concentration (BAC) of 0.08% or higher. New York uses DWI more commonly in legal contexts.
2. What are the penalties for a DWI in New York?
Penalties for a DWI in New York can vary depending on several factors, such as the level of alcohol in the blood, prior convictions, and whether there was any damage or injury caused. Generally, penalties can include fines ranging from $500 to $10,000, license suspension or revocation, and possible jail time from a few days to several years for repeat offenders or severe cases.
3. Can I refuse a breathalyzer test?
While you can legally refuse a breathalyzer test in New York, it's important to know that such refusal comes with automatic consequences under New York's implied consent law. These include a mandatory driver's license suspension for at least one year and a fine. Additionally, refusing a breathalyzer can still result in a DWI charge based on other evidence of impairment observed by the officer.
4. What should I do if I'm stopped by the police and accused of DWI?
If stopped by police:
- Remain calm and polite.
- Provide your license and registration upon request.
- Politely decline to answer incriminating questions without an attorney present.
- If asked to perform field sobriety tests or take a breathalyzer, remember that refusal has its consequences, but so can failing the tests.
- Contact a DWI attorney as soon as possible.
5. How can a DWI lawyer help me?
A DWI lawyer can help in many ways:
- Evaluating Your Case: Assessing the details of your arrest to find any procedural mistakes or possible defenses.
- Representation: Acting on your behalf in court and in any pre-trial negotiations.
- Plea Bargaining: Negotiating with prosecutors to reduce charges or penalties.
- Trial: Providing skilled advocacy in court if your case goes to trial.
6. What are some possible defenses against a DWI charge?
Several defenses might be available depending on the circumstances of your arrest, including:
- Challenges to the legality of the traffic stop.
- Questions about the accuracy of the breathalyzer or field sobriety tests.
- Procedural errors in how evidence was handled or your arrest was conducted.
7. What happens if I'm convicted of a DWI?
A DWI conviction in New York can have long-lasting effects beyond legal penalties. It can impact your driving privileges, increase your insurance rates, affect your employment opportunities, and even influence your personal relationships.
Need Experienced Legal Advice?
If you're facing DWI/DUI charges in New York, seeking skilled legal representation is crucial. At Trbovich Law Firm, our experienced DWI/DUI lawyers are dedicated to defending your rights and achieving the best possible outcome. Contact us today to schedule a consultation and get the help you need.
