New York Criminal Defense Lawyer
Drunk Driving - First Offense
Have you been charged with drunk driving? Is this your first offense? If so, it is essential that you get in touch with an experienced DWI / DUI defense attorney to ensure that your rights are protected. Our staff at The Law Offices of David R. Sachs is skilled at handling drunk driving cases for individuals that have been issued their first DWI / DWAI / OUI / DUI citation.
What happens to my driver's license at my first court appearance?
If a motorist has a BAC (blood alcohol content) of .08 or higher, or if the motorist has refused the breathalyzer test, the judge will most likely suspend your driving privileges which will apply for so long as your case is unresolved.
Is there anything I can do?
Yes. You can request a "hardship hearing". If a person has no prior alcohol conviction within five years, and did not refuse to take the breathalyzer, the person is entitled to a hardship hearing at the first court appearance. The purpose of the hearing is to demonstrate to the Judge that because they have no other way to get to work, the person needs their license to go to and from work. If the person is successful, the Judge will issue a "hardship license." However the license will only apply to driving to and from work and not for any other purpose.
Whether you win or lose the hardship hearing, after thirty days from the first court date a request may be made to the New York Department of Motor Vehicles (DMV) for a conditional driver's license. The conditional license is more expansive than the hardship license because it allows a person to drive to and from work and during work, child care, medical appointments and for a three hours shopping block. The conditional license continues until the case is over.
What if I refused the breathalyzer?
If you refused the breathalyzer test, at your first court appearance the judge will suspend your driver's license and give you a date and time to appear at the DMV hearing which takes place at the DMV. In this instance a person is not eligible for a conditional license.
At the DMV hearing, which is presided over by an Administrative Judge, the Administrative Judge decides if you did in fact "refuse" the breath test. The cop who made the arrest testifies and you have the chance to cross examine him or her. If you win, your driving privileges will be restored at midnight. If you lose then your driving privileges will be revoked for one year even if your drunk driving criminal charge is dismissed by the a judge or jury!!!!
Get in touch with us to discuss your specific options with attorney Dave Sachs.
Do not wait to enlist the assistance of an attorney. It is important that you have an attorney such as Dave Sachs educate you about the process of handling your first offense. We stand by you through your first appearance in court and strive to safeguard your driving privileges.
Contact an experienced DWI attorney at our firm today to learn more about how we can help you deal with your first drunk driving offense. A free initial consultation is offered so you can have your case assessed by a member of our legal team here at The Law Offices of David R. Sachs. Flexible appointment times may also be available.
