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DWI – Driving While Intoxicated

In the state of New York, a DWI or driving while intoxicated is one of the most serious charges you can incur behind the wheel – the fact is that you are very likely to cause some serious accidents, injury or even death – and not just to other drivers or pedestrians, but yourself and those who chose to get into your vehicle that faithful night. 

Whether an accident takes place or not, you are susceptible for heavy fines, loss of driving privileges, and even jail time. However, no matter if you are guilty or not, in the event you get a ticket or are charged with a serious charge for a DWI – possibly even a felony charge, you are still deserving of the best legal services possible from someone like Ms. Yanina Tabachnikova, the best criminal defense attorney NYC has to offer!

As one of the top DUI attorneys in the state of NY, she can help defend you during this trying time, and ensure your case ends in the best possible outcome for you and your loved ones. In the event you are charged with driving under the influence of alcohol or other drugs, in addition to having an experienced attorney it is important to have a solid understanding of the laws and your rights.

Blood Alcohol Concentration (BAC) Limits

  • “Per Se” BAC Limit – 0.08% – In DUI cases, this is the level at which the law can legally consider you to be intoxicated, without any further evidence of impairment needed.
  • Underage BAC Limit – 0.02% – In DUI cases, across all 50 states, there is a Zero Tolerance policy for those under the age of 21 (as it is illegal for them to consume alcohol). This means that even the slightest bit of alcohol while driving, for someone who is below 21 can result in a DUI charge.
  • Aggravated BAC Limit – 0.15% – In DUI cases, if you have a BAC of above 0.15, you may be subject to an enhanced charge, and even greater penalties.

Implied Consent
One of the most important things to know, in the event you are pulled over, and have alcohol in your system, is your right to refuse a breathalyzer test, especially on the spot. However, this can result in automatic suspension of your license (depending on the specific situation it may be more or less than 6 to 18 months).

Also something called implied consent exists, meaning that when you get your license in all 50 states, you are automatically consenting to some type of field sobriety test – in the event you are pulled over and the officer has reasonable suspicion to assume you are under the influence of drugs or alcohol. 

New York DUI Penalties
DUI charges are quite serious, and often carry heavy penalties. Ms. Tabachnikova has helped countless clients to lessen their penalties and even have charges dropped entirely. Generally, the penalties are as follows:

Minimum License Suspension
1st Offense: 1-year license suspension

2nd Offense: 18-month license suspension with a prior refusal or DWI conviction within the past 5 years

3rd Offense: 18-month license suspension with a prior refusal or DWI conviction within the past 5 years

When it comes to DWI issues, there are also a number of other possible penalties, depending upon how many times you have offended, Including mandatory alcohol education classes & assessment, confiscation of your vehicle, jail time (in the event of multiple offenses or an accident most likely), heavy fines, and in NYC, in certain cases only, after a certain number of offenses, they may mandate that your car be outfitted with an Ignition Interlock Device (IID).

An IID is a device that will be outfitted onto your car that forces you to blow into a breathalyzer before your car will start. It will only start and allow you to drive if your BAC is below the legal limit. 

DWI’s are Serious Business – Don’t Delay, Contact an Attorney Today!
For help with all your DUI charges contact one of NYC’s top DUI attorneys, in Ms. Tabachnikova, Esq. today. With over 20 years of experience, and an impeccable work ethic he will work tirelessly to fight your charges and help you to earn your freedom at any cost. For a legal consultation call the Law Offices of Ms. Yanina Tabachnikova, today. 



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