A DWI arrest in Queens, NY should be taken very seriously. A Queens DWI or DUI arrest will result in a criminal case that is either heard in Queens Supreme Court if it is a Felony arrest or in District Court if it is a Misdemeanor arrest. Do not simply assume that a DWI or DUI arrest is a traffic infraction. It is a criminal offense that can result in a criminal record. When faced with a Queens DWI arrest, you must focus on two issues; the charged plea and District Attorney’s of Court’s recommended sentence. Below, Jason Steinberger will explain why these two are so important.
Is a Queens DWI/DUI Arrest a Criminal Charge?
Yes. While a DWI or DUI arrest is technically a violation of the New York Vehicle and Traffic Law, as opposed to the New York State Penal Law, it is still a criminal offense. A criminal conviction in Queens will always result in a criminal record that can never be erased or expunged. It will always stay on your criminal record for the rest of your life.
Is it possible to be charged with multiple criminal DWI or DUI Offenses?
Yes. If you have been arrested for a Queens DWI or DUI, you may be charged with up to three (3) separate and independent criminal charges. First, New York Vehicle and Traffic Law section, 1192(2) means that you were arrested for operating a motor vehicle while having more than .08 percentum by weight of alcohol in your blood. Secondly, an arrest for violating New York Vehicle and Traffic Law section 1192(3) means that you were arrested for operating a motor vehicle while displaying common law signs of intoxication. Typical common law signs of intoxication are slurred speech, poor balance, unsteady gait and bloodshot, watery eyes. Third, Operating a Motor Vehicle While Ability Impaired, New York Vehicle and Traffic Law section 1192(1), means that you failed to possess the ability to operate the motor vehicle like a reasonably prudent driver. It is possible that if you were operating a motor vehicle and your blood alcohol was .08 or more that you could be charged with all three offenses.
Is it possible to avoid a criminal record from a DWI arrest?
Yes. If you hire an attorney who fully understands all of the nuances of Long Island DWI and Queens DUI cases you can avoid a criminal record. The centerpiece of good DWI defense is the focus on material proof problems that affect the District Attorney’s ability to prove the case beyond a reasonable doubt. When the District Attorney’s Office cannot prove the case beyond a reasonable doubt they must dismiss all charges or consider a non-criminal disposition.
What are the possible sentences for a DWI or DWAI conviction?
It should be noted that Jason Steinberger always strives to ensure that your Queens DWI case is dismissed. However, it is important to know that like any other criminal case, a conviction for a felony DWI, a misdemeanor DWI could result in jail, probation, community service, DWI related programs and immigration and licensing consequences. Contact Queens DWI/DUI attorney Jason Steinberger now to learn how you can avoid these consequences.