If you are arrested for driving while intoxicated, you need the experience of a seasoned trial lawyer on your side. Criminal defense attorney, Raphael Rosenblatt, founding member of Rosenblatt Law PC, started his career in the New York state prosecutor’s office and brings that insight with him to every case he takes on. Mr. Rosenblatt is licensed to practice law in both New York and New Jersey and has defended numerous clients against charges for driving while intoxicated (DWI) in both states.
What is DWI?
If you are facing charges for DWI, you probably know the charge has to do with operating a motor vehicle while under the influence of alcohol or other intoxicating substances. But the facts and circumstances of each DWI case are also very important. Why did the police officer stop you? What interactions did you have with the police? Were procedures and protocols followed to the letter? All of the considerations can make a difference in the outcome of your case. Having earned a reputation for fighting for his client’s interests, Raphael Rosenblatt knows the law and how to use it to your advantage.
DWI in New Jersey
In New Jersey, a person is considered intoxicated if his or her blood-alcohol level registers .08% or greater. Driving a motor vehicle with a blood-alcohol level of .08% or greater is considered driving while intoxicated. Penalties for DWI with a blood-alcohol level of between .08% and .10% can result in a fine of between $250 and $400, up to 30 days in jail, and a suspended license for 30 days.
If the blood-alcohol level is greater than .10%, the penalties are increased to between $300 and $500 in fines and license suspension for between 7 and 12 months. Subsequent offenses are subject to even harsher punishments, including mandatory installation of an ignition interlock system that prevents the starting of a vehicle if breath-alcohol levels are too high. There are also longer mandatory license suspensions for subsequent convictions.
One benefit to New Jersey’s DWI laws is that they treat the offense as a traffic infraction instead of a crime, meaning a DWI conviction does not count as a criminal conviction, though many of the potential consequences are similar to criminal penalties.
DWI in New York
There are two categories of driving under the influence in New York, driving with abilities impaired (DWAI) and driving while intoxicated. DWAI is a lesser charge brought when blood-alcohol levels register between .05% and .07%. DWAI is not a crime but instead is a traffic infraction. Punishment for DWAI includes a fine of between $300 and $500, up to 15 days in jail, and license suspension for 90 days.
Unlike DWAI, New York treats DWI as a crime. Any person convicted of driving a motor vehicle with a blood-alcohol level of .08% or greater may be punished by a fine of between $500 and $1,000, up to 1 year in prison, and license revocation for 6 months. Repeat offenders are subject to harsher punishments under the law.
Consequences
The consequences of a DWI are often greater fines and a suspended license. If you drive a vehicle for a living, you may lose your job if you are convicted of a DWI. DWI’s are also expensive. It is almost guaranteed that when you do get your license back, your insurance rates will increase significantly because if you are known to drive while intoxicated you are considered at a greater risk. On top of insurance, you may be required to complete an alcohol or substance abuse course at your own expense. Finally you may have to pay court costs, which can be in the hundreds of dollars.
In states like New York, where DWI is a crime, you will have a misdemeanor on your criminal record. This means you may be required to disclose the crime on job and housing applications or in other situations that require a criminal background check. A criminal record can make everyday activities more difficult and costly.
Defenses
Having worked in the New York state attorney’s office, attorney Raphael Rosenblatt brings the experience and knowledge of a prosecutor to every case. He knows how to identify holes in the prosecution’s case and use that to your advantage. Depending on the facts, you may be able to refute the evidence of blood or breath-alcohol by showing the person administering the test failed to follow established procedures for performing such a test. There may be other substantive defenses.
Additionally, the evidence must show that the police officer involved had probable cause to stop you and require you to submit to a blood or breath-alcohol test. In the case where a DUI arrest resulted from a traffic stop, pointing out an officer’s mistakes in stopping a vehicle can lead to dismissal of charges based on an illegal stop.
Speak with a New York or New Jersey DWI Defense Attorney Today
No one wants a DWI on their record. It is expensive and it makes life a lot more difficult. That’s why it’s important to have a trusted attorney on your side, protecting your interests. In New York or New Jersey, contact Raphael Rosenblatt of Rosenblatt Law PC to discuss your DWI case today.
Rosenblatt Law PC is located in Hackensack, NJ and represents clients throughout Northern New Jersey and the New York metro area, including the five boroughs of NYC, Rockland and Westchester counties, as well as Bergen, Essex, Hudson, Morris, Passaic, Sussex and Union counties.
