It is not recent news that driving under the influence is considered a crime in New York .  While the punishment is going to fit the measure of the crime, it is a permanent mark on a person’s record. This means that anyone who is arrested for and convicted of DWI offenses can face serious criminal penalties as well as the loss of New York driving privileges. While hiring a New York DWI defense lawyer can alleviate some of the charges, there is no amount of help that can erase the crime. Because these penalties have the potential to seriously impact someone’s quality of life in New York , it is important that they take advantage of the opportunity to consult with a qualified New York DWI attorney as quickly as possible. Having a skilled New York WI lawyer on one’s team can help them defend him or herself against these serious DWI offenses and charges and may help to save their driving privileges so they can move on with their life as quickly as possible.

 

While not everyone is arrested immediately when being stopped for driving while intoxicated, there are several circumstances under which they will surely be arrested for DWI offenses. The most important and dangerous circumstance is if the person has dangerous driving patterns that pose a threat to others. Another way to be arrested for DUI offenses is in the situations where the person causes an accident and the officer believes alcohol was a factor in the accident.  Both of these are more serious because they put the lives of other people at risk. In these cases, no matter why the person was arrested for DWI offenses, they will be facing serious criminal and administrative penalties.

 

New York is one of the states where a DWI arrest will trigger two separate cases against the accused New York DWI defense team. One is a criminal court case where the person will face criminal charges for driving while intoxicated, where a prosecutor will try to prove the person’s guilt. The second is an administrative case that deals with the loss of their driving privileges in the state of New York.

 

Not only are there different cases that a person has to deal with, but there are even different types of DUI offenses that can be filed against the person, depending on their actions at the time of the arrest. When someone is arrested for DWI offenses, they will go into trial as a common law DWI case, or a statutory DWI case. One of the theories involves the common law definition of driving under the influence. In this type of DUI case, the prosecutor will try to show that the person was too impaired to drive because they consumed alcohol prior to operating the vehicle. The prosecutor will try to show that you were impaired by introducing evidence such as your driving habits, field sobriety test results, and information whether you appeared to be intoxicated. This type of DUI case, however, is done if the person does not take a breath or blood test, and it is one man’s judgment against another’s.

 

The other type of DWI case is that of statutory DWI, in which the person took a breath test, and they have shown to be more than .08% BAC.  This type of case is harder for a New York DWI attorney to defend, since they have to fight against written evidence of the person’s condition at the time of their arrest.