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Breathalyzer Tests Being Thrown Out Nationwide

Across the country, attorneys and those charged with DWIs are challenging their offenses, despite testing positive for alcohol at the time of their arrest (0.08% BAC and higher; or -0.02%). How is this happening? Nationwide, breathalyzer tests are being thrown away for their lack of effectiveness. In Massachusetts alone, every breath test conducted in the last 8 years has been thrown away, adding yet another possible defense against DWI charges.

In light of these recent findings, it is important to know that if you are someone who has been charged with a DWI, there is a very good chance you may successfully fight the charge with the help of an experienced attorney. If you have been charged with a DWI in New York, here are some of the questions you may have:

What are the consequences of a drunk driving offense in New York?

If this is your first DWI in New York State, do not think you will get off with a simple “slap on the wrist.” No, for a first-offense DWI, you may face jail time, heavy fines, and a loss of license. For first-time convictions, you may face the following consequences:

  • 6-month license revocation
  • Up to $1000 in fines
  • Up to 1 year in jail
  • Potential enrollment in the DDP, as well as all applicable costs

What are the consequences of more than one drunk driving offense?

A second DWI in New York is a very serious offense, and if proven guilty, your life may change forever. You will face an even more hostile court system this time around, so if you have been charged, hire an experienced attorney as soon as you can who will fight to ensure that charge does not turn into a conviction. Here are some of the penalties you may face for a second DWI in New York State:

  • 1-year license revocation
  • A fine of up to $5000
  • Up to 4 years of incarceration
  • Probationary sentence of up to 5 years

What happens if I get a DWI is a minor?

If you are under the age of 21, you are facing serious consequences. New York has Zero-Tolerance laws in effect, which means you may face the following penalties if convicted:

  • 6-month license suspension
  • $100 fee for suspension termination
  • $125 civil penalty
  • Potential enrollment in the New York Drinking Driver Program (DDP) and pay all associated costs
  • You may be required to install and use an ignition interlock device, as well as pay all associated costs

Contact our experienced Rockland County firm

Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.

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