Driving While Intoxicated (DWI)

Everyone understands the seriousness of driving under the influence. However, each year people do make mistakes and end up driving over the legal alcohol limit. In other situations, you may be falsely accused of driving under the influence. No matter what has happened, if you are being accused of a DWI, seek legal representation at once.

The Law Office of Mark A. Siesel has extensive experience representing clients throughout the New York metropolitan area in DWI cases. We understand that our clients have many questions as to how the charges will affect their driving privileges, their employment, and their families. Our firm will provide skilled and aggressive representation in fighting the possible loss or restriction of your license, fines, court costs, and potential criminal penalties. If you’re accused of a DWI, contact us immediately for a free case evaluation.

Being Accused of DWI

No one gets into their car intending to cause a car accident, and there are many reasons why you may be accused of a DWI:

• Medical conditions. Certain medical conditions can mimic symptoms of intoxication. For example, conditions like diabetes (especially when blood sugar is low) can cause dizziness, slurred speech, or unsteady movements. Some medications intended to treat medical conditions, including over the counter medications, can cause impairment and you may not realize the side effects before you take the medication. Addiction is recognized as a medical condition and it, too, can lead to DWIs. There is also a very rare condition called auto-brewery syndrome (ABS), which causes the body to produce alcohol itself whenever an in individual with ABS eats carbohydrates. People with ABS may have a high blood alcohol content (BAC), even when they have had no alcoholic beverages.
• Police misconduct. Police misconduct may include unfairly profiling a driver or failing to follow proper procedures. This can cause a driver to be incorrectly accused of DWI, even if they are sober. 
• Incorrectly administered sobriety tests. Standardized field sobriety tests (SFSTs) are used to assess a driver’s physical coordination, balance, and cognitive ability. However, if an officer administers the tests improperly, the results could suggest impairment when there is none. Even breathalyzer tests and blood alcohol tests are not infallible if there is a defect in the equipment used or if the results are read incorrectly.
• Drugging. In some cases, a person might be drugged without their knowledge or may unknowingly consume a drink or food that contains alcohol or another intoxicant.
• Mistakes caused by alcohol. People make mistakes, especially when alcohol is involved. Someone who has been drinking has poorer decision-making abilities and lower inhibitions. It may be harder for them to make a sound decision about driving. Sometimes, people also misjudge their level of intoxication. This can happen in situations where someone drinks slowly over a long period or mixes different types of alcohol without realizing the cumulative effect. The individual may not feel intoxicated, but their blood alcohol content could still be over the legal limit.

No matter what has caused your DWI charge, always contact an experienced DWI attorney. The defence attorneys at The Law Office of Mark A. Siesel, for example, understand that there are many reasons that can cause you to end up with charges against you. Our role is to aggressively defend you and to make sure that someone else’s error or one mistake on your part doesn’t end up harming your future.

How We Can Defend You

We will challenge the evidence obtained by the arresting officer and ensure that the scientific testing involving breath, blood and urine was performed in accordance with legal standards. The Law Office of Mark A. Siesel represents clients in Westchester County, Rockland County, Orange County, Putnam County, Dutchess County, and throughout the lower Hudson Valley and New York City metropolitan area. We have substantial experience in representing clients at “Refusal Hearings” held by the Department of Motor Vehicles, (when you have refused to submit to a breathalyzer or blood test, for example) which are often a vital part of the DWI litigation process. These refusal hearings are frequently a critical part of the process in fighting the revocation of your driver’s license.

The Law Office of Mark A. Siesel will, in a free initial consultation, explain the charges against you; discuss the possible fines and penalties you are facing; and discuss how the DWI laws, as well as the new DWI statutes introduced in the fall of 2006 could affect you. Once retained, we immediately contact the prosecutor to obtain and review all evidence against you, and discuss all charges. We will discuss your potential legal options after our consultations with the District Attorney. Frequently, we can obtain a conditional driver’s license for you, which will permit you to drive to and from work, to and from medical appointments, and other essential reasons.

Certainly, the charges against you should be taken seriously, and the potential impact on your life can be substantial. That is why we provide a guarantee that at all times, your case will receive personal attention, and that you will be treated with dignity and respect.

If you are eligible for the reduced charge of DWAI (Driving While Ability Impaired), we will fight vigorously to obtain this outcome for you, as it reduces the charges from a crime to a traffic violation. It also reduces the amount of time your license will be affected, and limits the fines that a judge will impose. You may be eligible for this reduced DWAI charges, especially if this is your first violation, your BAC was between 0.05 percent and 0.07, and no one has been injured in the incident. Equally important, a DWAI charge will not show up on a criminal check conducted by a potential employer. However, you must remember that a prior DWAI charge will be used against you if you are charged with an alcohol offense a second time.

Penalties for DWI in New York

The penalties for DWI or DWAI (driving while ability impaired by alcohol or controlled substances) can be serious, even for a first offense. These penalties may include:

• Suspension or revocation of your driver’s license;
• Fines;
• Mandatory attendance in alcohol prevention programs;
• Potential time in jail.

New York DWI laws

In the fall of 2006, the New York legislature amended the DWI statutes. These new laws include the following:

• A new charge of “aggravated driving while intoxicated”, which is triggered when a driver has 0.18 BAC (0.18% blood alcohol content) or more of alcohol in their blood;
• The automatic revocation of your license for one year.

The new law also impose more serious implications of a refusal to take a chemical test involving blood, urine or breath.

Contact The Law Office of Mark A. Siesel

Due to the more stringent and tougher enforcement of the DWI laws, it is absolutely essential that you have experienced, diligent and skilled legal representation. The Law Office of Mark A. Siesel, serving all of Westchester County, the lower Hudson Valley, and the New York metropolitan area will vigorously and aggressively represent you in order to reduce fines and limit the effects on your license.

We will do everything possible to assist you in avoiding jail time or other criminal penalties, because we understand what is at stake. We know that jail time or a serious charge can affect your career, relationships, and earnings potential. We understand that the fines can be financially challenging.

There is a lot on the line, which is why we answer your calls and emails within 24 business hours and we address all your questions and concerns. We keep you up to date about your case and work with a team of professionals, including medical experts and investigators, to build a rigorous defence.

Our firm also handles traffic violations, including speeding tickets, unlicensed operation of a motor vehicle, and other moving violations.

For a free consultation to discuss your rights and legal options, contact us online or at (914) 428-7386.