Is DUI a Criminal Offense in Buffalo?

Here in Buffalo, where winter winds whip across Delaware Park and summer evenings are spent enjoying concerts at Canalside, a DUI charge can dramatically alter your life. At Trbovich Law Firm, we regularly hear this crucial question from Western New Yorkers: "Is DUI a criminal offense?"

Is DUI a Criminal Offense?

The simple answer is yes - in New York State, driving under the influence (DUI) is indeed a criminal offense. However, understanding the full scope of DUI charges in Buffalo requires a deeper look at how our state laws classify and handle these cases.

New York State DUI Classifications

In Buffalo and throughout New York State, DUI charges (more commonly referred to as DWI - Driving While Intoxicated) are classified into several categories. While enjoying a night out at Elmwood Village or catching a Bills game at Highmark Stadium, it's essential to understand these distinctions.

• Misdemeanor DWI: A first-time DWI offense typically results in a misdemeanor charge when your blood alcohol content (BAC) is between 0.08% and 0.17%. While some might assume a misdemeanor is "minor," this criminal offense carries serious consequences. Even a first-time conviction can result in up to one year in the Erie County Holding Center, fines up to $1,000, and license suspension.
• Felony DWI: Driving down the Kensington Expressway or the I-190 with a BAC of 0.18% or higher, or getting caught driving under the influence multiple times within ten years, can result in felony charges. Felony DWI carries substantially heavier penalties, including potential state prison time and fines up to $10,000.

Penalties for a DUI/DWI Conviction in Buffalo

At Trbovich Law Firm, we believe it's crucial for Buffalo residents to understand the full scope of penalties that come with a DUI conviction. Whether you were stopped near Delaware Park or downtown after a Sabres game, these consequences can significantly impact your life. Here's a comprehensive breakdown of potential penalties:

• First Offense DWI Fines: $500 to $1,000 in monetary penalties, plus mandatory court surcharges and victim impact fees that can exceed $395
• License Suspension/Revocation: Minimum 6-month suspension for first offense, with potential revocation up to 18 months for repeat offenders or high BAC cases
• Jail Time Possibilities: Up to 1 year in Erie County Holding Center for misdemeanor DWI, with increased jail time for felony offenses
• Ignition Interlock Device: Mandatory installation for at least 6 months, even on first offense, with all costs paid by the convicted driver
• DMV Assessment Fee: Annual $250 fee for 3 years following conviction, totaling $750 in additional costs
• Criminal Record Impact: Permanent criminal record that can affect employment opportunities throughout Western New York and beyond
• Insurance Premium Increases: Average increase of 76% in insurance rates for Buffalo drivers following a DWI conviction
• Mandatory Education Programs: Requirement to complete New York State Drinking Driver Program at personal expense, typically costing $225-$250
• Vehicle Registration Consequences: Possible suspension or revocation of vehicle registration, particularly for repeat offenders
• Employment Restrictions: Limited ability to work in positions requiring driving, especially affecting those who commute across the Peace Bridge
• Border Crossing Issues: Restricted access to Canada through nearby border crossings, affecting both personal and professional travel
• Probation Requirements: Possible probation period of up to 3 years, requiring regular check-ins with Erie County probation officers
• Enhanced Penalties for High BAC: Additional fines and restrictions for cases involving blood alcohol content above 0.18%
• Commercial Driver Impacts: CDL holders face stricter penalties and longer license suspensions, even for first-time offenses

What to Do If Pulled Over for a DWI in Buffalo

Whether you're pulled over on the I-190 or returning from a night in the Elmwood Village, knowing how to handle a DWI stop is crucial. Here's what you need to know:

• Initial Vehicle Positioning: Pull over safely and completely to the right, using your turn signal and stopping in a well-lit area when possible, especially along major routes like Delaware Avenue or Elmwood Avenue
• Vehicle and Hand Placement: Turn off your engine, turn on interior lights if it's dark, and keep both hands visible on the steering wheel until instructed otherwise by the officer
• Document Preparation: Wait for the officer's request before reaching for your license, registration, and insurance information to avoid any suspicious movements
• Communication Approach: Remain polite but remember your right to limit conversation - only provide basic identifying information and necessary documentation to the officer
• Field Sobriety Tests: You have the right to decline field sobriety tests in New York State, though this may result in the officer developing probable cause through other observations
• Breathalyzer Considerations: Refusing a roadside breath test (PBT) is a traffic infraction, while refusing the official station breathalyzer results in automatic license revocation for one year
• Phone Usage: Do not use your phone during the stop unless given permission, but try to remember key details about the stop location and officer interactions for later discussion with your DUI defense lawyer
• Documentation Details: If safe to do so, make mental notes about weather conditions, road conditions, and any relevant factors that could have affected your driving or the officer's observations
• Chemical Test Rights: You have the right to request an independent chemical test after submitting to the police department's test, though this must be at your own expense
• Miranda Rights: If arrested, remember you have the right to remain silent and the right to an attorney - exercise these rights respectfully but firmly
• Emergency Contact: You have the right to make one phone call if arrested - consider contacting family or Trbovich Law Firm directly from the precinct
• Evidence Preservation: Request copies of all paperwork provided, including any chemical test results or traffic tickets, as these will be crucial for your DUI defense lawyer
• Body Camera Footage: Note if officers are wearing body cameras, as this footage can be requested later through proper legal channels

Defending Against DUI Charges in Buffalo: Essential Defense Strategies

At Trbovich Law Firm, we approach each DUI case with thorough analysis and attention to detail. Our defense strategies have successfully helped numerous Erie County clients challenge their DUI charges. Here's a comprehensive look at potential defense approaches we may consider for your case:

• Traffic Stop Validity: We scrutinize whether law enforcement had legitimate reasonable suspicion to initiate the stop, examining everything from alleged traffic violations on Delaware Avenue to anonymous tips that may have led to the encounter
• Field Sobriety Test Conditions: Buffalo's weather conditions, from icy sidewalks to heavy rain, can significantly impact test performance, and we carefully evaluate whether these environmental factors affected your test results
• Medical Conditions Impact: Certain medical conditions can mimic intoxication or affect breathalyzer results, and we investigate whether any underlying health issues could have influenced the officer's observations or test results
• Chemical Test Procedures: We examine whether proper protocols were followed for blood, breath, or urine testing, including maintenance records of testing equipment and proper observation periods before testing
• Probable Cause Analysis: Each step leading to your arrest must be supported by probable cause, and we challenge any gaps in the officer's documented observations or reasoning
• Chain of Custody: For blood and urine samples, we track the handling and storage of evidence from collection through testing, identifying any breaks in the chain that could compromise reliability
• Officer Training Records: We investigate whether the arresting officer maintained current certifications for field sobriety testing and breathalyzer operation, particularly relevant for specialized DWI units
• Dashboard/Body Camera Review: Video evidence from police vehicles and body cameras can often reveal inconsistencies in officer testimony or demonstrate proper performance on field sobriety tests
• Rising Blood Alcohol Defense: The time between driving and testing can be crucial, as blood alcohol levels may rise after driving, potentially showing a higher reading than while actually operating the vehicle
• Calibration Records: We obtain and analyze maintenance and calibration records for breath testing devices, often revealing issues that could invalidate test results
• Independent Blood Testing: When blood samples are taken, we may arrange for independent laboratory analysis to verify or challenge official results
• Witness Statements: We collect and analyze statements from passengers, bartenders, or other witnesses who can testify about your behavior and alcohol consumption prior to arrest
• Roadblock Legitimacy: For arrests at DWI checkpoints, we examine whether the checkpoint met constitutional requirements and followed proper procedures.

How a DWI Defense Lawyer Protects Your Rights in Buffalo

At Trbovich Law Firm, we understand that facing DWI charges in Erie County can be overwhelming. From representing clients in Buffalo City Court to handling cases throughout Western New York, our DUI defense lawyers provide comprehensive protection of your legal rights. Here's how we advocate for our clients:

• Immediate Case Evaluation: We conduct a thorough analysis of your case within hours of contact, examining everything from the initial traffic stop on Elmwood Avenue to the processing at Central Booking to identify potential defense strategies
• Evidence Preservation: We act quickly to secure crucial evidence, including surveillance footage from local businesses, police body cameras, and dashcam recordings before they can be deleted or overwritten
• Administrative Advocacy: We handle your DMV hearings separately from criminal proceedings, fighting to protect your driving privileges and managing the complex administrative process on your behalf
• Constitutional Rights Protection: We scrutinize every aspect of your arrest for potential violations of your constitutional rights, from improper stops near the Peace Bridge to unauthorized searches of your vehicle
• Technical Challenge Review: We analyze breathalyzer maintenance records, officer certifications, and testing procedures used at Buffalo police precincts to identify potential technical defenses
• Court Representation: We handle all court appearances at Buffalo City Court and Erie County courts, ensuring you never face a judge alone and that your interests are professionally represented
• Plea Negotiation Strategy: We leverage our knowledge of local courts and prosecutors to negotiate potential plea agreements that minimize impacts on your life, career, and future
• Alternative Program Access: We help eligible clients access Buffalo's drug court programs and other alternative sentencing options that can lead to reduced charges or dismissals
• Professional License Protection: We work to minimize the impact of DWI charges on professional licenses, particularly important for those working in Buffalo's medical corridor or financial district
• Immigration Consequence Management: We carefully consider immigration implications for our international clients, especially crucial given Buffalo's proximity to Canada
• Insurance Impact Mitigation: We develop strategies to minimize the impact on your insurance rates and help navigate the complex insurance requirements following a DWI charge
• Employment Protection: We work to arrange court appearances that minimize disruption to your work schedule and develop strategies to protect your current and future employment opportunities
• Record Sealing Options: We evaluate and pursue available options for sealing or expunging records when possible under New York law, helping protect your future opportunities.

Your Rights Matter. Your Future Matters. Your Case Matters.

When facing DWI charges in Buffalo, every minute counts. At Trbovich Law Firm, we're ready to start protecting your rights immediately. Contact us today for a confidential consultation and learn how our proven defense strategies can help safeguard your future.