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Aggressive DWI Lawyers in Albany, NY to Fight for You

Basic DWI charges are misdemeanor-level offenses. This means that the issue is a criminal level offense. Still, the potential consequences of a conviction are serious.

According to New York Vehicle and Traffic Code §1193, the penalties for a first-time alcohol DWI or DWAI-Drugs offense can include:

  • A fine of between $500 and $1,000
  • A potential jail term of up to one year
  • A mandatory six-month loss of license

DWI, DWAI, and Aggravated DWI

Most people understand DWI to mean drunk driving. This is certainly one of the definitions provided in New York law. Any person driving a car with a blood alcohol content (BAC) of more than .08 percent is guilty of Driving While Intoxicated. But New York’s DWI law is far more expansive.

DWI Charges

New York Vehicle and Traffic Code §1192 provides that a person can also face DWI charges if they operate a vehicle while under the influence of a drug. This can include both street drugs and prescription medications. It is also not necessary for a person to fail a breath or blood test to face these charges. An officer can make an arrest based solely on their observations of the driver.

DWAI Charges

However, the police legally have the right to insist that all drivers submit to a BAC test if the officer suspects that the driver is drunk. A refusal to submit to this test is a violation on its own that can automatically result in fines and a license suspension.

If a BAC test comes back between .05 and .07 percent, a driver faces charges of Driving While Ability Impaired (DWAI). These charges are somewhat less severe than DWI charges but can still be detrimental to a person’s life.

Aggravated DUI Charges

On the other hand, if a test indicates a BAC level of .18 percent or above, a driver can face charges for an Aggravated DWI. An Aggravated DWI charge is a much more serious version of DWI and is defined under New York Vehicle and Traffic Code §1192-2a(a). An Aggravated DWI conviction carries much harsher penalties and will count as a mark on a person’s criminal record.

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An Albany DWI Lawyer Can Defend Your Rights

New York’s DWI laws are somewhat forgiving for a first-time alcohol offender. Still, a conviction can result in a jail term and require a three-month loss of license as well as heavy fines.

When someone faces DWI charges for a second time or more, or because of the use of drugs, the penalties become much more severe and almost certainly result in a jail sentence if convicted.

The Albany DWI lawyers at Tully Rinckey work hard to prevent this outcome for those we represent. Our attorneys can aggressively fight charges by analyzing the actions of the arresting officer, combating the results of any breath or blood tests, and defending the rights of the accused at trial. If you are facing DWI charges, you can contact us 24 hours a day, 7 days a week via phone at 8885294543, or by e-mail at info@tullylegal.com.

You can also use our secure Live Chat feature to connect with us regarding your matter. Your message will be delivered to a secured firm account with a member from our team ready to assist you.

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What Our Clients Are Saying:

I was most fortunate to be able to hire Derrick Hogan on two separate occasions to fight tickets for us. I cannot even begin to tell you what kind of a professional we were dealing with. His character matched his ability as an attorney. Having to hire an attorney for an out of town situation was a very difficult decision to make. I feel so blessed with dealing with this esquire. Mr. Hogan handled us like a symphony. He was extremely kind, brilliant, confident, sincere, and worked very hard on our behalf. He takes great pride in his work and it certainly shows. I have never in my entire life worked with anyone this professional or more highly qualified. If you decide to hire Derrick Hogan, you will have made the decision to hire the best attorney possible. Sometimes driving a Lexus is a smoother ride than driving a Dodge. You would be getting a Lexus with this lawyer. I give him five stars; he is a superstar himself. What a pleasure for me to recommend Derrick Hogan. Derrick is the absolute BEST of the BEST.
K.F.
Tully Rinckey PLLC's professionalism put me right at ease. They had all charges against me dropped! I truly felt they earned my whole retainer and they even sent me back what was not used. I did not feel overcharged by Tully Rinckey PLLC at all. Their hard work kept me from getting a criminal record that would have affected me for the rest of my life. For this I am grateful. I have never been in trouble in my entire life. Getting arrested, being put in jail and losing my job, changed me to the core. Because of all the hard work done by them, I have a new life to live. For that, I cannot ever thank them enough!
E.K.
Derrick Hogan at Tully Rinckey handled my case and I feel fortunate that he was my lawyer. I called to talk with someone about my case and by chance was connected with Mr. Hogan. He listened, asked good questions, and gave me all the information I could have asked for. He explained every step, what would or could happen in very clear and easy to understand terms. I was sent a retainer and explained the case would be covered by a flat fee, and that anything that came up in the future relating to the case would be fully covered by that fee. Although my case was probably one of the simpler, easier cases they handle, Mr. Hogan always made me feel that my case was important to him. He always urged me to call him if I had questions or wanted him to go over anything again. He even called me to follow up before I had to call him – something I find is rare with almost any professionals these days. He treated me with utmost courtesy and respect, was knowledgeable, and reassuring.
C.P.
I contacted Tully Rinckey PLLC for representation and upon doing so, obtained Derrick Hogan as my attorney. Derrick was extremely comforting through the entire process and I was treated with dignity and respect right from the beginning. Derrick was very supportive and shared information with me every step of the way. I personally feel that Tully Rinckey hit a home run with putting Derrick Hogan on its team. Selecting Tully Rinckey was the right choice for me and I highly recommend both Derrick and the firm for anyone seeking professional representation.
K.L.
Derrick was a true professional and treated me and my case with dedication and respect. Everything he promised, he delivered. My case was handled with 100% satisfaction.
M.M.

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