At Flowers Law Group, our Suffolk Criminal Lawyer can give you the representation you need to truly get the fair trial you deserve. We can represent you in a variety of different ways and our criminal and civil trial attorney, Larry Flowers, Esq., is ready to help you today.
Drunk Driving
Driving while intoxicated is a serious crime in the state of New York. If you are caught driving while intoxicated, the state of New York is able to suspend your license, charge you expensive fines, and potentially put you in jail. It is very important to seek legal help if you are charged with a DWI. Flowers Law Group and our Suffolk Criminal Lawyer can help you avoid some of the serious punishments.
Police or other law enforcement can charge you with a DWI depending on your blood-alcohol content (BAC). In New York, you can be charged with a DWI if your BAC is:
– .08% and your 21 or older
– .04% if you’re driving a commercial vehicle
– .02% if you are under 21 years old.
Which is worse: DWI or DWAI
If you have just received a DWI or DWAI, and are seeking a Suffolk Criminal Lawyer, then contact Flowers Law Group today.
The legal world has many terms for relatively similar crimes. DWI, DUI, DWAI, and DWAI-Drugs or DWAI A/D are all relative to driving impairment, but carry varying degrees of severity and consequences depending on their designation. In many states, there is no concrete difference between these other than semantics, but New York carries distinct divisions. In fact, New York doesn’t use the term DUI.
Flowers Law Group and our Suffolk Criminal Lawyer can answer any questions that you might have regarding DWI vs DWAI designations, help you avoid some of the serious punishments that may come with it. The difference between those terms listed above can be determined both through the BAC (blood alcohol content) of the driver and their actions during driving and the subsequent police encounter.
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What is a DWI?
The more commonly heard-of DWI (Driving While Intoxicated) charge is when the driver of the vehicle is above a .08% BAC, which is considered to be the level of complete intoxication. Additionally, a DWI can also apply with .04% for commercial drivers and .02% for drivers under the age of 21. This charge is the more severe of the two, carrying thousands of dollars in legal fees, probationary periods, and even jail time. Our Suffolk Criminal Lawyer knows that this is a serious offense that requires serious help to combat in a court of law.
What is a DWAI?
Alternatively, you may be charged with a DWAI (Driving While Ability Impaired). This charge is centralized around the circumstances themselves rather than simple numerics. Within the law, DWAI refers to circumstances in which the driver’s BAC is somewhere between .05% and .07%, which is considered legally impaired.
However, this charge can be separated into three different titles depending on the cause of impairment. The aforementioned percentages are for standard DWAI’s. However, there are also DUI Drug charges, for impairment with any form of drug including illegal, legal, and prescribed medications. DWAI-A/D is the combination of these two, where both alcohol and drugs were combined while driving to create a dangerous cocktail.
So, Which is More Severe?
DWAI is typically less severe than DWI, but will still carry on many of its violations. DWI charges can come with a fine up to $1,000, revocation of license, receiving three years probation, and the possibility of jail for up to one year. These charges increase in severity with each charge. DWI charges will carry the same consequences, sometimes at increased rates depending on the case, but also come with the added aspect of mandatory installation of an ignition interlock device into your car for a full year.
Our Suffolk Criminal Lawyer will help you to get the representation that you need to work through your case to hopefully avoid many of these penalties.
If you have any questions about driving law designation, contact Flowers Law Group, and our Suffolk Criminal Lawyer can assist you with your queries.
Can You Be Charged with a DWI/DUI if Your Drink Was Drugged?
Let’s say you go out drinking with friends, only have one drink, drive yourself home. Maybe you only remember having on drink but you feel fine, but a cop deems you as being impaired, charges you with a DUI/DWI. If you feel fine there may have been a chance your drink was drugged and now have to fight your DUI/DUI charges. Flowers Law group, a Suffolk Criminal Lawyer, is here to help you fight and believe in you.
DWI/ DUI
DWI stands for driving while intoxicated, which is usually referred to with alcohol, while DUI stands for driving under the influence refers to drugs or alcohol. No matter what they give you can face some serious consequences. You can lose your driver’s license and pay fines and may have to appear in court. As well as that you may have to take alcohol treatments and your insurance will most likely go up. It’s important to realize what may happen if you are caught so you know the difficulties you may have.
What you Should Know About Roofies?
Maybe you didn’t drink that much but feel like you did. There is a chance that your drink got roofied. Roofied is defined as someone altering your drink with drugs to make you feel more intoxicated. Many people yearly report getting roofied and it’s becoming a huge issue. Some of the types of roofies are;
- Benzodiazepines are an anti-anxiety drug and make you feel very relaxed and dissolve into the liquid.
- Ketamine is anti theistic that starts working immediately after being out in your drink. Usually changes the taste of your drink.
- Gamma-hydroxybutyric acid (GHB) slows the central nervous system and can cause nausea. It’s said to be a colorless and odorless liquid that will have a victim never know.
All of these drugs will impair you while your drinking but will not change your blood alcohol concentration. It will affect your driving but not make you spike over a .08
Can You Be Charged?
If you get pulled over, most cops will make you take a breathalyzer test. It’s up to the cop if he would give you a DUI/ DWI. Usually, you would have to prove that you were drugged and that’s why you were impaired. A lawyer would be the best to help you prove that you are innocent. Flowers Law, a Suffolk Criminal Lawyer, specializes in driving while intoxicated and will fight to prove your innocence . Contact us to see how we can help you.
Is it Imperative to Cooperate with Law Enforcement when Stopped for DWI?
When pulled over for a DWI in Suffolk County, you are not obligated to agree to any testing. Although you should remain calm and polite, you have the right to refuse both a breathalyzer and a field sobriety test and wait for an attorney before taking action. However, if you have never previously been convicted of a DUI or DWI, and are positive you have had only 2 to 3 drinks in the last 4 hours, your BAC should be below the legal limit of .08%. If that is the case, then you should agree to take the breathalyzer test, but refuse the field sobriety test. If that is not the case, then it is recommended you refuse both tests.
The police officer involved may threaten you with jail time, but you are allowed to insist on waiting for an attorney. Wait for a Suffolk Criminal Lawyer before submitting yourself to testing that may harm your defense. If you have had a DWI or DUI in the past ten years, refusing the breathalyzer test is your best bet. Refusing the breathalyzer test may result in your arrest. However, if you were driving under the influence of alcohol, you’re getting arrested regardless. Most people who get pulled over for their first DWI don’t know that they can or should refuse the field sobriety test. Once the officer asks you to take the test, you have the right to ask to speak to your attorney.
At Flowers Law Group a Suffolk Criminal Lawyer can help get you the best legal results. They understand how stressful it can be when dealing with legal problems and they are ready to help you. Don’t hesitate to contact them if you have been arrested for a DWI. Flowers Law Group offers the best service and defense for when you are in need of a Suffolk Criminal Lawyer.
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Can You Deny A Sobriety Test?
If you have recently been pulled over and received a DUI or DWI, you may be able to challenge this sentence in a court of law. Contact our Suffolk Criminal Lawyer, Larry Flowers, for more information.
A field sobriety test is when a police officer needs to determine if a driver is under the influence of alcohol. There are three types of tests.
- Horizontal Gaze Nystagmus: This is when the jerking of an intoxicated person’s eye becomes more exaggerated and occurs at lesser angles
- Walk and Turn Test: The officer will ask the driver to take nine heel-to-toe steps forward, turn the other direction, and repeat. If the driver exhibits any of the indicators, there is a 68% change their BAC is dangerous for driving.
- One Leg Stand Test: The officer will ask you to stand on one leg for thirty seconds.
If you fail a sobriety test while driving, you may be charged with a DWI and taken for further tests.
If you have recently been pulled over for being under the influence of alcohol or refused to take a sobriety test, a Suffolk Criminal Lawyer at Flowers Law Group can help give you fair representation and a fair trial for your case.
A common question is if someone can deny a sobriety test. The answer is yes, someone can deny taking a sobriety test. Many times people fail the sobriety test due to nervousness from the police encounter. There are no legal requirements to take a sobriety test, but often times officers will think the driver is hiding something and can sometimes result in being arrested.
If a person refuses to take a sobriety test, it is important that they do not argue with the police officer to avoid aggravating the situation even further. If you refuse to take a breathalyzer test, you may face charges under New York’s implied consent laws. These state that any person operating a motor vehicle shall be deemed to give consent to a chemical test. A Suffolk County Criminal Lawyer can answer all your questions if you are faced in an event like this.
How Can A Suffolk Criminal Lawyer Help?
If charged with a DWI, you can face a hefty fine, suspension of your license, and even possible jail time. At Flowers Law Group, a visit to a Suffolk Criminal Lawyer can give you the representation that you deserve. Contact us today to learn more about how Larry Flowers can help.
If you are undergoing a DWI charge and need a lawyer, then look no further than Flowers Law Group. Our specially trained Suffolk County Criminal Lawyer can give you the representation that you need.
What is a DWI and what does it stand for?
DWI, which stands for Driving while intoxicated, is when a person’s blood alcohol content has gone beyond the legal level of 0.05% and 0.08%. DWI is considered a criminal offense and depending on the jurisdiction, a person who receives a DWI can be convicted. When drinking the level of impairment your body reaches depends on five conditions. These conditions include:
- Your Gender
- Your Body Weight
- How long you drank alcohol
- The amount of food you eat before or after you drink
- The amount of alcohol you consume.
Penalties for alcohol violations:
The penalties received for driving while intoxicated vary from state to state, but in New York, some of the punishments received if found driving while intoxicated include:
- Aggravated Driving While Intoxicated:
Maximum Fine: 1,000- $2,500
Maximum Jail time: Up to 1 year of Jail Time
Mandatory Driver’s License Action: Revoked for at least one year
- 2nd Aggravated DWI within 10 years:
Maximum Fine: $1,000- $5,000
Maximum Jail time: 4 years
Mandatory Driver’s License Action: Revoked for at least 18 months
- 3rd Aggravated DWI within 10 years:
Maximum Fine: $2,000-$10,000
Maximum Jail time: 7 years of jail time
Mandatory Driver’s License Action: Revoked for at least 18 months
How can A Suffolk Criminal Lawyer Help?
If you find yourself in the position of receiving a DWI, then our Suffolk Criminal Lawyer can help with your case. As your DWI lawyer, we can help to get your suspension reduced. Most DWI cases end in a plea bargain and having a knowledgeable lawyer can help to get you a deal that will benefit you. A DWI lawyer can also negotiate with the prosecution so that you can avoid jail time while preparing for the trial. This is very important to people who have been charged with a DWI previously and might be looking at facing jail time.
How to contact a Suffolk Criminal Lawyer?
If you or someone you know may need a DWI lawyer, then Flowers Law is here for you. Please feel free to visit our website to learn more about how a Suffolk Criminal Lawyer can help you, as well as to set up an appointment.
