When it comes to the law, the issue of a Bronx DWI or DUI arrest is a matter of the utmost concern for all those involved. Depending on the individual circumstances involved, a criminal case involving a DWI arrest in Bronx, NY, will be heard in one of two places: if it’s a misdemeanor, then Bronx District Court will be involved, but if it rises to the level of a felony, then the borough’s Supreme Court hears it. If you’ve been arrested for drunk driving in the Bronx, call attorney Jason Steinberger – 646-256-1007.
In either event, the stakes are much higher than when dealing with a simple traffic ticket. That’s because the possibility of a criminal record exists if you are convicted of a DWI or DUI arrest.
Therefore, for any Bronx DWI arrest, there are two integral issues related to where your concentration should be regarding this matter: how you will plead to the charge at hand at the arraignment and the sentence that’s recommended by the District Attorney.
Going back to the difference between misdemeanors and felonies, if it’s a misdemeanor, the plea can take place at the arraignment. However, a preliminary hearing must be scheduled.
The Legal Aspects of a Bronx DWI/DUI Arrest
Regardless of what the legal wording of the DWI or DUI arrest is, the fact remains that it’s a criminal offense. The reason for such confusion is that New York State Penal Law differs from this New York Vehicle and Traffic Law violation.
Still, the threat of a permanent criminal record that has no chance of being expunged makes the danger of a criminal conviction in Bronx something to consider when hiring legal help.
Types of Charges Related to DWI or DUI Offenses
Potentially, there could be as many as three charges related to being arrested for a Bronx DWI or DUI. The first deals with the blood alcohol content involved, which means according to New York Vehicle and Traffic Law section 1192 (2), having more than a .08 after a Breathalyzer test.
The second charge is related to showing obvious signs of intoxication while operating a motor vehicle. While some of this could be perceived as subjective in nature, any person who has watery or bloodshot eyes, has trouble walking or maintaining balance or exhibits speech that’s slurred is considered to be in violation of New York Vehicle and Traffic Law section 1192 (3).
The last charge could be connected to your overall ability to operate a motor vehicle as compared to a normal, everyday driver. According to New York Vehicle and Traffic Law section 1192 (1), not being able to function in the proper manner, due to such things as blood alcohol of more than .08, would fit this definition. The possibility of being charged with all three counts exists if this is the case.
The Chance to Win Your Case
The Possibility of Avoiding a Criminal Record
Being able to avoid a criminal record for a Long Island DWI and Bronx DUI is something that a well-versed lawyer has the potential to offer his clients. By forcing the District Attorney to achieve an exacting standard of proving their case beyond a reasonable doubt requires a solid DWI defense based on being able to legitimately attack the material evidence collected. By accomplishing the latter, a potential dismissal or something related to community service could be the final decision that’s rendered.
Being Sentenced for a DWI or DUI Conviction
Your lawyer will be ready to give every effort to see that your Bronx’ DWI case is dismissed, but a guarantee of that is impossible. Being convicted of a misdemeanor DWI or felony DWI might mean a jail sentence, community service and probation and taking part in programs directed at DWI cases. In addition, the possibility of license suspension or revocation should also be factored in, as should the issues involved with those here on either immigration visas or who are undocumented. Call your Bronx DWI/DUI attorney to discover the best way to dodge these circumstances – 646-256-1007.