Buffalo DWI Attorneys

DWI Lawyer, Jim Vallone, has been handling DWI cases for decades. He also has experience as a former Cheektowaga Town Judge, giving him the ability to anticipate what the judge is thinking about important elements of your case, and tailoring the arguments that we will use on your behalf to achieve the best result for you.

dwi defense services

What should I do if I’m charged with DWI?

Always be polite and cordial to the officers on the scene, no matter how they act towards you. Calmly provide your license, registration, and insurance information while answering the officer’s basic questions. Despite that advice, however, do not discuss the facts of the case, including how much you had to drink, with the officer. You have the right to remain silent, but anything you say will be used against you in court. If you’re unsure about anything, don’t go it alone, Call the Vallones!

Driving while intoxicated is governed by Section 1192 of the Vehicle and Traffic Law of New York State.

Should you take the breathalyzer?

Click here for a detailed analysis!

Elements of DWI (Driving While Intoxicated)

With some minor differences between subsections, in order to be found guilty of DWI, the People of the State of New York have to prove beyond a reasonable doubt the following elements:

  1. Operation
  2. Of a Motor Vehicle
  3. On a public highway
  4. While impaired by alcohol, intoxicated by alcohol, or impaired by drugs.

New York law interprets “operation” very broadly, so even someone in a parked car can be found guilty of DWI if other factors are present. In many cases, the fourth element is the crucial element for how the DWI case will get resolved. If you’re charged with DWI, it’s important to hire an attorney that knows DWI cases inside and out. Choosing the right attorney makes all the difference.

DWI Penalties

DWAI (Driving while ability impaired)

  • First Conviction – up to 15 days in jail, 90 day license suspension, fines of $300-$500, plus mandatory state surcharges. Additional penalties apply for drivers under 21 years of age.
  • Second Conviction within 5 years of a prior offense – up to 30 days in jail, at least a 6 month revocation of your driver’s license, fines of $500-$750, plus mandatory state surcharges.
  • Third Conviction within ten years – Misdemeanor conviction (criminal record), up to 180 days in jail, at least a 6 month license revocation, fines of $750-$1,500, plus mandatory state surcharges.

DWI (Driving While Intoxicated)

  • First Conviction – Misdemeanor conviction (criminal record), up to one year in jail, at least a 6 month license revocation, fines of $500-$1,000, plus mandatory state surcharges.
  • Second Conviction within 10 years – Felony Conviction – up to four years in jail (“E” Felony), at least a 12 month license revocation, fines of $1,000-$5,000, plus mandatory state surcharges.
  • Third Conviction within 10 years – Felony Conviction – up to seven years in jail (“D” Felony), at least a 12 month license revocation, fines of $2,000-$10,000, plus mandatory state surcharges.

Aggravated DWI (Breathalyzer test result of 0.18 percent BAC or greater)

  • First Conviction – Misdemeanor Conviction – up to one year in jail, at least a 12 month license revocation, fines of $1,000-$2,000.00, plus mandatory state surcharges.
  • Second Conviction within 10 years – Felony Conviction – up to four years in jail (“E” Felony), at least an 18 month license revocation, fines of $1,000-$5,000, plus mandatory state surcharges.
  • Third Conviction within 10 years – Felony Conviction – up to seven years in jail (“D” Felony), at least an 18 month license revocation, fines of $2,000-$10,000, plus mandatory state surcharges.

All of the above penalties are minimum penalties, and could be increased depending on the facts and circumstances of your case.

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