Driving While Intoxicated, or “DWI,” is a serious offense in New York State which leads to a criminal record. In some instances, it is possible to reduce a DWI to a DWAI, Driving While Ability Impared classification, which is a traffic violation, and is not classified as a crime in New York.
There are a few considerations and factors that may lead to or assist with the reduction of such DWI charges. It is highly recommended to meet with an experienced attorney for counsel on the matter. GIanni Karmily is a skilled DWI attorney in New York with extensive experience helping those who have been arrested on Driving While Intoxicated charges. It’s not always easy to get criminal charges reduced, but it’s not impossible. With the help of an experienced, hard working lawyer, you can fight back against prosecutors, defend yourself, and seek the justice you deserve.
Is A DWI A Misdemeanor In New York?
Different states will have different classifications for driving while intoxicated. However, in New York, it is true that a driving while intoxicated charge constitutes a misdemeanor. A misdemeanor, as you may know, is a criminal charge slightly less serious than a felony. However, it’s still incredibly important that you treat this misdemeanor charge seriously, and try your hardest to have it reduced.
If an individual is a repeat offender with multiple DWIs, especially if the most current DWI falls within 10 years of the last DWI, the offense may be raised from a misdemeanor to a felony. A first-time offender has a stronger likelihood of a reduction than a multiple offender.
Will My DWI Charges Be Increased If My Blood Alcohol Content Is Too High?
If the motorist took a breathalyzer test which resulted in a blood alcohol content of .18 or higher, the likelihood of stronger penalties may be greatly increased, and the chances for a charge reduction are decreased. In other situations, refusal to consent to a breathalyzer test may also decrease your chances at a charge reduction. Some District Attorneys may set a blood alcohol content limit to help county courts to determine who is eligible for a reduction from a misdemeanor charge to a traffic infraction.
Can I Still Get A DWI Reduction If I Caused An Accident While Driving Drunk?
If a motor vehicle accident occurred at the time of the DWI, especially one resulting in injury or fatality, there will be no opportunity for a misdemeanor reduction, and moreover, an increased possibility of the charges being escalated to a felony. Other circumstances such as reckless driving or excessive speed may also prevent the motorist from a charge reduction, and introduce further or escalated charges. The (DA) District Attorney’s Office will review each case and make these decisions.
How Does A Lawyer Help Me With A DWI Charge?
Your lawyer will explore every possible area of opportunity to have your DWI charges reduced as best as possible. It can be hard work, but with a skilled attorney, you will have the resources. A good Hempstead DWI defense attorney will review the prosecution’s evidence and find the best way to cast doubt on the state’s case against you. For example, breathalyzer and blood test results may be disputed, or the arresting police officer’s testimony may be challenged in court.
Although it seems like just any lawyer can defend you against a Driving While Intoxicated charge, there is so much at stake that you should not gamble with. It’s wise to be advised and represented by a criminal defense lawyer who has considerable experience and a record of success handling DWI cases. That lawyer is Hempstead DWI attorney Gianni Karmily.
Schedule A Free Case Evaluation With A Hempstead DWI Lawyer
Hempstead attorney Gianni Karmily has built a reputation for superlative client service and for tenacious and effective defense representation. He has a passion for justice. If you are charged with DWI, he will explain your options, defend your rights, and guide you through the process.