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DWI / DWAI

Albany DWI Defense Attorney

New York state laws against driving while under the influence of alcohol or drugs are not only strict — they are also complex. One of the many important reasons to contact our New York misdemeanor DWI lawyers online is to make certain you understand the charge against you and the consequences it carries.

You may recently have been arrested and charged with:

  • A misdemeanor DWI (driving while intoxicated) — for blood alcohol content (BAC) between .08 and .17 percent
  • DWAI for “driving while ability impaired” (driving with a BAC of .05 to .07 or while impaired by a combination of drugs and alcohol)
  • Aggravated DWI, if tests showed you had a blood alcohol content over .18 percent, or felony DWI, if you had a prior, similar offense in the past 10 years
  • Vehicular assault or vehicular homicide, if you were involved in an accident causing injuries or a fatality

The presence of illegal or prescription drugs in your system can also result in any of these charges. Our attorney, James E. Tyner, offers straightforward information and informed counsel regardless of which charge you face.

Of these charges — all serious in many respects — those with the least extreme consequences are DWAI and misdemeanor DWI. In fact, there is sometimes an opportunity to negotiate with prosecutors for a reduction of a misdemeanor DWI to the lesser offense of DWAI, which is not a criminal conviction.

The Facts Are Key in DWI/DUI Defense

We never take DWI charges at face value, and we will completely examine every aspect of your case. We will determine whether the stop had probable cause. We will scrutinize the work of the officer who pulled you over. Did the officer follow proper training? Were the field tests administered correctly and in the correct order?

If a police officer was not trained correctly, if the tests were not administered according to guidelines, if the Breathalyzer was not calibrated properly, you may have a strong defense. We have studied the teaching manuals for New York State Police officers regarding DWI stops and we can determine whether they have given the DWI tests correctly.

The results of a prescreen test (PST) are so consistently inaccurate that they are inadmissible in court. We ensure that the guidelines for use of the Breathalyzer and the 20-minute observation test are followed. We can scientifically question the accuracy of the simulator alcohol solution. We will determine whether the persons administering the tests were properly certified. If you are given a blood test, we examine all aspects of the test, such as how the blood was drawn, what time the blood was drawn and whether the blood kit tests had the proper chemicals. We know that details matter, and a small detail can have a large impact on your case.

Contact experienced DWI defense lawyer for a free consultation. We can help you fight drunk-driving charges.