There are two types of DWI offenses, believe it or not, that a person can take to court.  It all depends on how they handle the situation at the time they were pulled over for driving while intoxicated.  Of course, this goes without saying, because someone being pulled over most likely does not have control over that situation. These two types of DWI offenses can be categorized as a common law DUI or Statutory DWI. While both of these DWI offenses are considered crimes, and will be treated as such, they could dictate how the New York DWI attorney handles the particular case.

 

DUI offenses of the common law type are based off of the situation in which the drunk driver refuses to take a breath or blood test to determine their BAC level.   In this situation, the police officer that pulled over the driver is giving their opinion of how drunk the driver was. And of course, this is going against the person’s own opinion (which at this point isn’t going to be strong) and whatever the New York DWI lawyer can come up with.

 

On the other hand, DWI offenses can be charged purely off of the results to chemical testing and producing a result of 0.08% or greater. In this type of DWI case, the charges do not have to do with the person’s ability to safely operate the vehicle. Even if they did not appear impaired at the time of arrest, anyone can be charged with DWI offenses if their chemical test reveals a failing result.

 

Hiring a qualified New York DWI attorney can help someone in either type of DUI case. New York is unique because the law allows someone arrested for DWI offenses to consult with a New York DWI attorney before making a decision about whether to submit to or refuse chemical testing.  While the person has no way of getting out of the criminal offense,  having a skilled New York DWI lawyer can help the person defend against DWI offenses as successfully as possible. If serious circumstances exist in the DWI case, the person can be charged with a more severe offense and face harsher criminal penalties. In these situations, the person should always seek the help of a DWI attorney. A DWI case can be more severs for several reasons, including having a BAC of 0.15% or greater, causing a traffic accident, fleeing the scene of a DWI accident, or refusing to submit to chemical testing.

 

The penalties a person faces if convicted of driving while intoxicated will depend on how the DWI was charged and whether the person has any prior convictions on their record. Depending on the severity of the DWI offenses, the charges placed on the person can range from a misdemeanor to a felony. A first offense DWI in New York is charged as a misdemeanor. The person is charged with a felony DWI if they have a prior conviction within ten years of their arrest.  Of course, the severity of the consequences will always depend on certain circumstances that were in place at the time they were arrested.  Such circumstances will include other people involved, damage done, etc.