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DWI FAQs

 

Below is a list of questions that people frequently ask when they are arrested for a DWI. For many people, a DWI offense is their first exposure to the criminal justice system.  The Law Office of James E. Tyner understands just how scary an arrest can be and is committed to providing you with the information you need to make the right decisions in your case. 

Q. I have been charged with a DWI. Do I really need an attorney?

      A. Yes. While you may think that driving while intoxicated is just a minor traffic offense, a DWI conviction is a serious matter. You can lose your driving privileges, face substantial fines and even run the risk of time in jail. In addition to the fines and penalties, you will have a permanent criminal record that can prevent you from finding employment, getting certain professional licenses and obtaining a loan or housing. With so much on the line, you need to be represented by a reputable New York State DWI defense attorney who knows how to handle these types of legal matters.

Q. What types of penalties will I face if I am convicted of a DWI?

      A. The penalties for a DWI in the New York State are harsh and will depend upon the specific circumstances of your case. For instance, if you are convicted of an Aggravated DWI (driving with a blood alcohol content of 0.18 percent or higher) the minimum mandatory penalty is $1,000 fine and can be as high as $2,500, and you could face up to one year in jail. If you have had any prior DWI convictions within the past 10 years, the consequences will be even more severe.  In addition to fines and surcharges and a mandatory license revocation, New York State laws mandate the installation of an ignition interlock device for drivers who are convicted of certain DWI offenses.

Q. I was arrested for refusing to take a chemical alcohol test. What should I do?

      A. The best thing you can do is to speak with an experienced DWI attorney as soon as possible. While a conviction for a chemical test refusal in New York State can result in a one-year driver’s license revocation and an assessment fee by the Department of Motor Vehicles, you have the right to a Hearing to dispute the allegations of a refusal. When you retain The Law Office of James E. Tyner, I will thoroughly investigate your case to determine whether the police followed proper procedures, including having probable cause to ask you to submit to the test and warning you that if you refused testing, your driver’s license would be revoked.

Q. My child is 17 and was charged with underage DWI? What are the possible consequences?

      A. New York has a zero tolerance policy for underage drivers who drink and drive. This means that if your child is a minor under the legal drinking age of 21, he or she may face harsher consequences than an adult.  For instance, it is common for teenagers convicted of drinking and driving in New York State to have their licenses revoked until they turn 21. In addition, a DWI conviction will result in a criminal record, which can seriously impact your child’s academic career and ability to obtain employment. If your child has been charged with underage DWI, you should seek the advice of an experience DWI attorney who will explain your options and fight to protect your child’s legal rights.

If you have additional questions about DWI charges in New York State, our experienced criminal defense attorneys can provide you with the answers you need.  Contact our law offices today by calling 866-642-3807.