Frequently Asked Questions About DWI Charges in Queens, NY
What is considered a DWI in New York?
New York recognizes several alcohol- and drug-related driving offenses. A driver with a BAC of 0.08% or higher may face DWI charges based on blood alcohol concentration. A driver may also face a DWI allegation based on other evidence of intoxication even when chemical test evidence is disputed or unavailable.
What is aggravated DWI in New York?
For adult drivers, aggravated DWI generally involves driving with a BAC of 0.18% or higher. The potential penalties are greater than those associated with a standard first-offense DWI.
Is a first DWI a misdemeanor or felony in New York?
A first standard DWI offense is generally a misdemeanor. However, previous qualifying convictions or certain aggravating circumstances can significantly change the classification and potential penalties. A repeat DWI may be prosecuted as a felony.
Can you go to jail for a first DWI in New York?
Yes. A first DWI conviction can carry a jail sentence of up to one year. Whether incarceration is imposed depends on the charge, circumstances, criminal history, case resolution, and sentencing decision.
Will I lose my license after a DWI in Queens?
License consequences are a major part of New York DWI cases. A first DWI conviction generally carries a minimum six-month license revocation. Other suspensions or restrictions can arise at different stages depending on the circumstances of the arrest and case.
Can a DWI charge be dismissed in Queens?
A DWI charge may sometimes be dismissed or reduced, but there is no automatic right to either result. The possibilities depend on the evidence, legality of the vehicle stop, chemical testing, police procedures, witness testimony, video evidence, and other facts. A Queens DWI defense attorney can review these issues and explain which defenses may apply.
Can a breathalyzer result be challenged?
Breath test evidence should be reviewed along with the procedures surrounding the test, the operation of the equipment, relevant records, police observations, and other evidence. A test result is important evidence, but it should not be evaluated in isolation.
What happens at my first DWI court appearance in Queens?
The first court appearance generally involves arraignment, where the charges are formally addressed and the court considers immediate issues in the case. Subsequent appearances may involve discovery, motions, negotiations, hearings, or trial preparation depending on how the case develops.
Where will my Queens DWI case be heard?
Many misdemeanor DWI matters in Queens are handled through Queens Criminal Court at 125-01 Queens Boulevard in Kew Gardens. Felony prosecutions may proceed in Queens Supreme Court, Criminal Term, which is located at the same courthouse complex. Grauman Law P.C.'s office at 125-16 Queens Boulevard is located nearby.
Should I hire a lawyer for a first-time DWI?
Even a first DWI can expose a driver to criminal penalties and significant driver's license consequences. An attorney can review the evidence, explain the charges and potential penalties, investigate possible defenses, and help you understand the consequences of any proposed resolution before you make a decision.
How soon should I contact a DWI attorney after an arrest?
It is generally beneficial to seek legal guidance as soon as possible. Early review gives your attorney more time to examine evidence, identify potential witnesses, review police procedures, prepare for court, and advise you about important decisions. Call Grauman Law P.C. at 347-620-2865 or contact the firm online.
