DUI and DWI Cases in Queens, NY
There is no doubt that anyone who has been arrested for and charged with a DWI or DUI in the Queens, New York area needs to understand the gravity of their situation. An arrest of this nature will lead to a criminal matter to be heard in Queens Supreme Court for felony charges or, in the case of a misdemeanor charge, in District Court. Arrests of this nature are far more serious than typical traffic infractions. Rather, they are serious events with the potential to establish a criminal record for the individual charged. If you are facing a DWI or DUI arrest in Queens, it is important for you to concentrate on the specific charges lodged against you, potential plea offers and the sentence recommended by the District Attorney prosecuting the matter. In the following paragraphs, Jason Steinberger outlines why these considerations matter so very much. Call attorney 646-256-1007 to get help with your case.
Is a DUI or DWI arrest in Queens a criminal matter?
Yes on both counts. Though technically speaking, these arrests are triggered by violations of the state’s vehicle and traffic laws, rather than its penal code, offenses of this nature are classified as criminal acts. Once a conviction is secured in a DUI or DWI matter in Queens, a criminal record is created which cannot be expunged or eliminated. If you have the misfortune to be convicted of this type of offense, you will have a permanent criminal record.
Can multiple DUI or DWI charges be lodged simultaneously?
Again, the answer to this question is yes. When an arrest occurs for a DUI or DWI offense in Queens, it is possible that three fully independent criminal charges can be filed. Section 1192(2) of the New York Vehicle and Traffic Law prohibits the operation of a motor vehicle by someone with a blood alcohol level of .08 or higher. Next, Section 1192(3) of the law pertains to operating a vehicle while exhibiting clear manifestations of intoxication, which could include slurring of speech, unsteady gait, loss of balance, cloudy or bloodshot eyes. Lastly, Section 1192(1) forbids the operation of a motor vehicle while impaired, contrary to the actions of a reasonably prudent individual. Ultimately, if you are found to have been driving with blood alcohol content of .08 or higher, displayed common badges of intoxication and suffered impairment as a result, you could conceivably be facing three distinct criminal charges.
Can a criminal record be avoided in the aftermath of a DWI or DUI arrest?
Provided you secure the assistance of a knowledgeable Queens and Long Island DUI and DWI attorney, the answer is yes. The key to success when it comes to defending against these types of charges is to mount a skilled attack on the District Attorney’s evidence. If a prosecuting attorney is unable to prove the charges against you beyond a reasonable doubt, dismissal is required. At the very least, a non-criminal disposition of the case becomes much more likely.
What sentences are possible following a conviction for DWI or DUI?
Attorney Jason Steinberger will do everything possible to secure dismissal of your Queens DUI or DWI charges. Of course, it is impossible to predict outcomes in specific cases, and therefore it is important to realize that felony and misdemeanor convictions of this type can lead to incarceration, probation, licensing revocations and denials, community service requirements, immigration consequences and mandatory alcohol education program participation. If you need assistance in fighting against these prospective sanctions following your Queens DUI or DWI arrest, call Jason Steinberger as soon as possible at 646-256-1007.