In New York, the police do not take driving under the influence lightly! Police look for individuals who are operating their vehicles while under the influence of drugs or alcohol. Intoxicated drivers are a threat to themselves and to the public!
If you or someone you love was stopped by an officer during a traffic stop or at a DWI checkpoint, or you were arrested as a result of a car accident occurring while under the influence, it’s important that you protect yourself and your driving privileges.
It is extremely important to retain an attorney within 24 hours of an arrest so they can begin building a strong defense against DWI charges.
If you have been arrested for driving under the influence or while intoxicated, DWIs can be charged as misdemeanors or felonies! The Grigoropoulos Law Group will aggressively defend you in either scenario. The moment you or a family member is arrested, you need to call us immediately!
Some defenses an experienced DWI attorney may present are:
- The lack of probable cause for a stop or an arrest;
- An explanations for your appearance and or your behavior;
- There was a violation of your constitutional rights;
- There was a faulty Breathalyzer;
- There were invalid field sobriety test results;
- There are credibility flaws of the arresting officer or flaws in their testimony.
Your attorney should do a thorough investigation, to find flaws in the prosecution’s evidence and challenge the procedures of the arresting officer. Sometimes field sobriety testing and some chemical tests are not reliable and the results the police present may not be valid. You need the help of a shark to fight on your behalf and defend you and fight your DWI charges.
Leandra’s Law Could Deem Your First DWI a Felony
Along with 36 other states, New York has certain child endangerment laws that impose harsher penalties on those who endanger child passengers while driving under the influence of alcohol or drugs. The Child Passenger Protection Act, also referred to as Leandra’s Law, has been in effect since 2009. The law was named in honor of Leandra Rosado, an 11-year-old who unfortunately was killed while riding with the intoxicated mother of one of her friends. She was the only fatality out of seven total children involved in the accident.
Under Leandra’s Law, a first offense DWI infraction will be considered an automatic felony if:
- There is a person under the age of 15 in the vehicle; AND
- The DWI driver blows a blood alcohol level “BAC” of 0.08 or higher
If convicted, violators of this law could face up to $5,000 in fines and four (4) years in prison. In addition to these penalties, the use of an ignition interlock device and immediate license suspension pending prosecution may be imposed. Parents or guardians can also be reported to the Statewide Central Register of Child Abuse and Maltreatment. Additional penalties may be imposed if the driver causes injury to a child, resulting in a possible 15 year prison sentence, or if the driver causes the death of a child, that may result in a possible 25 year sentence.
If you have been charged with a felony DWI under Leandra’s Law, this is a very serious matter that puts your future at risk. Call an experienced attorney from The Grigoropoulos Law Group PLLC to fight your DWI charges and advocate for the best possible outcome!