Brooklyn DWI Defense Attorney

brooklyn dwi defense attorney

A DWI is not just about driving home after a night of too much drinking. A DWI can include:

  • Riding a bicycle
  • Sleeping in your parked car
  • Operating a boat
  • Flying an airplane
  • Operating farm machinery
  • Driving a horse-drawn carriage
  • Walking home, and more

Police officers are more likely to pull you over if your lights don’t work, you toss cigarette butts out the window, you have a license plate violation, or you have dark tint film on your car windows. To avoid trouble, make sure that everything on your car is in order so police officers do not pay more attention to you. Once a police officer pulls you over, they could suspect that you have been drinking and driving and ask you to step out of the car for a field sobriety test.

If the police believe that you are a threat to yourself or the public safety, you could get slapped with an arrest, huge fines, the loss of your job, or worse. It doesn’t matter whether you are speeding down the highway, swerving off a dirt road on your bike, or even if a cop pulled you over for loud music; if the police think you are driving while intoxicated, you could lose everything. We can help. With the possibility of jail time and more for a DWI charge, you really must have a good DWI defense lawyer working for you. You need a lawyer who safeguards your legal rights while working for the best possible resolution of the charges against you.

Brooklyn DWI defense attorney David Mirsky has a remarkable record of success defending clients charged with DWI. He clarifies the legal and factual issues in your case and considers the possible defense strategies. David works on every front to defend your rights and to discredit the prosecution’s case. He will ask why you were stopped and what the police observed. He may attempt to discredit the results of field sobriety exams or of any blood, breath, or urine tests that were conducted. David Mirsky will find a weakness in the prosecution’s case and use it to your benefit.

To Test Or Not To Test?

In New York, when you receive a driver’s license – or when you drive on New York streets if your license is out-of-state – you are implying your consent to take a breath test if a police officer requests it. You can be asked to take a blood test if:

  • an officer sees you violate a traffic law
  • an officer reasonably believes that you are driving while intoxicated
  • you have been involved in a traffic accident

Contrary to popular belief, field sobriety tests are not mandatory and can be refused – for several reasons.  First of all, the tests are not 100% accurate.  They are based on calculations for how average people will react depending on the amount of drugs or alcohol in their system.  Since not everyone is average, the results can’t be depended on as concrete evidence of a wrongdoing.  Second, the tests are conducted often on the sides of busy highways, with the test taker exposed to the elements, under the glare of often bright, flashing lights.  There are simply too many environmental factors in play to depend on the accuracy of a field sobriety test.

However, chemical testing, which uses a sample of a suspect’s blood, breath, or urine to determine whether or not he or she has consumed drugs or alcohol – is not optional.  In New York, the penalty for a chemical test refusal is the loss of driving privileges and a fine, whether or not the results of the test would have come back positive or negative.

Impaired Driving Crimes

You already know that driving while intoxicated is a crime. Your judgment, coordination, and ability to drive are reduced when you drink any amount of alcohol. There is no quick way to get sober. You simply have to wait until your body absorbs the alcohol. Thus, if you plan on driving, don’t drink, and if you plan on enjoying several drinks, call a taxicab or a car service or arrange to have a designated driver. If you’re charged anywhere in Brooklyn with DWI or any of the other crimes listed here, immediately contact an experienced Brooklyn DWI defense attorney. Here are the specific charges that can be filed against impaired drivers in New York:

  • Driving While Intoxicated (DWI): To be charged, you must register a 0.08 percent or higher blood alcohol content (BAC) level, or there must be other evidence of intoxication. For drivers of commercial vehicles, the legal limit is a 0.04 percent or higher blood alcohol content (BAC) level.
  • Aggravated Driving While Intoxicated (Aggravated DWI): To be charged, you must register a 0.18 percent or higher BAC level.
  • Driving While Ability Impaired by Alcohol (DWAI/Alcohol): To be charged, you must register a BAC level higher than 0.05 percent but below 0.07 percent, or there must be other evidence of intoxication.
  • Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug) or Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination).
  • Chemical Test Refusal: Refusing to take a chemical DWI test.
  • Zero Tolerance Law: To be charged, a driver under 21 must register a BAC level higher than 0.05 percent but below 0.07 percent.

Penalties for a first offense-DWI in New York can include fines from $500 to $1,000, up to one year in jail and three years of probation, a yearly $250 “driver responsibility assessment” fee for three years, and attendance at a victim-impact panel. Along with these penalties, your driver’s license may be revoked for six months; however, in some cases you may be allowed to obtain a conditional driving permit (for driving to and from work, school, and court-ordered obligations).

However, if your BAC level measures 0.18 percent or higher – more than double the legal limit – you can be charged with “aggravated” DWI. If convicted, the fine can go up to $2,500, your license can be revoked for a full year, and after a year in jail you could serve an additional three years on probation.

If you or someone in your family is charged with any of these crimes, get legal help fast. Contact an experienced Brooklyn DWI defense attorney as quickly as possible.

Why You Need An Attorney

We understand what you are going through, and we understand that people make mistakes. At the Mirsky Law Firm, we believe everyone has a right to the best legal defense possible. With over two decades of specializing in criminal law, David M. Mirsky has the reputation and expertise to fight your charges. Our team of veteran Brooklyn criminal defense attorneys has more than eighty years of combined experience, and we’re known for our willingness to fight aggressively for our clients. We’ll work to get your charges reduced or dismissed, but we don’t simply take what the courts offer; we fight for you all the way to trial if necessary.

We will strive to clear your good name and restore your life. When your future is at stake, don’t take chances with an inexperienced lawyer or a public defender. You need a seasoned attorney with a team of skilled litigators who are effective both in and out of the courtroom. The Mirsky Law Firm has the background and skills you need. With solid relationships in the D.A.’s office, the courthouse, and with other local attorneys, you will find no better legal defense in Brooklyn.

Hire a Brooklyn DWI Defense Attorney

Selecting the right DWI defense attorney substantially affects the outcome of your case. Any lawyer can develop a defense, but you need a Brooklyn DWI defense attorney with expertise and skill in fighting prosecutors and trying DWI cases. In Brooklyn, the best choice for representation are the Brooklyn DWI defense attorneys with the Mirsky Law Firm. Call us today or complete the form in the left column on this page, and we’ll arrange a free consultation to discuss your case in detail and recommend the best course of legal action. Don’t risk your freedom! We believe in our clients and we fight hard for them. Contact us at 516-299-6187 or 888-999-7152 today.