Buffalo, NY DWI Laws
|Firm Name:||New York DWI Attorneys
|Address:||260 Madison Avenue, Suite 1800
New York, New York 10016
Buffalo DWI laws are harsh. If you have been arrested for a Buffalo NY DWI, there is trouble in your future. A conviction for a Buffalo NY drunk driving charge means you could end up in jail. If you have been arrested for a DWI in New York before, punishments get much more serious and can include time in state prison. An Ohio DWI can ruin your life if don’t get help from an experienced DWI attorney right away.
WARNING: Not only do you have to face criminal charges after a Buffalo DWI arrest, but your driver’s license is also at risk. In fact, two separate cases are triggered by your Buffalo NY DWI arrest. In one case, you will be fighting for your license. In the criminal case, you will be facing penalties including fines and jail time.
There are two ways in which a prosecutor can convict you of a Buffalo NY drunk driving charge. Firstly, it can be based on your blood alcohol content (BAC). This means that the state only has to prove you had a BAC of .08% or higher. These are called per se laws. Alternatively, prosecutors can use evidence of your impairment at the scene of your Buffalo DWI arrest. This includes your driving pattern, your field sobriety test and any other physical or mental observations made by the police officer who arrested you. It does not require any blood or breath test results.
IMPORTANT NOTE: Regardless of the evidence that the state has against you, even if your BAC was above the legal limit, a skilled DWI lawyer can counter all of this evidence. In fact, your Buffalo NY DWI attorney will use your chemical test results and your field sobriety test to disprove the prosecution’s case. How is this possible? If you want to know more, don’t hesitate to reach out to a DUI LAWS attorney in Buffalo right away.
The penalties for a Buffalo DWI can be extremely harsh. Even if this is your first offense, you could go to jail. In fact, if your case is considered “aggravated,” punishments will be more severe. “Aggravated” means you refused a chemical test, tried to leave the scene, was involved in an accident or your BAC was .15 or higher. If none of these scenarios applies to your case, and this is your first offense, your case will be treated as a misdemeanor. However, if you have had a Buffalo NY DWI conviction in the past, your case is considered a felony. Penalties for a felony include fines as high as $5000.00 and prison time of as much as four years.
ALERT! You can contact a knowledgeable Buffalo DWI lawyer BEFORE you decide whether or not to take a chemical test. If you refuse to take a blood or breath test, the prosecutor will use that as “consciousness of guilt.” A refusal also results in harsher punishments and stricter laws about your driver’s license. However, there may be a good reason to refuse the test. This is why it is necessary to consult with a DWI lawyer right away.
YOUR DRIVER’S LICENSE AT RISK
Life is going to get a lot more difficult for you if you lose your license, especially for an extended period of time after your Buffalo NY drunk driving arrest. But you could end up without a license immediately after your arrest. However, in Buffalo, there is a possibility of getting a conditional license through the New York State Drinking Driver Program. This license means you will be able to drive under certain circumstances. It is necessary to get a skilled lawyer on your side right away if you want to have a chance to get a conditional license.
After your Buffalo NY DWI, not only is your license at risk, but you can also lose your vehicle. New York DWI laws are strict. If you are concerned that you could end up without a license and a car, please contact a DUI LAWS attorney now.
Please note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance. 1800DUILAWS.com is not liable for any misinformation that users obtain from using this site.