Driving while intoxicated is never smart, and unfortunately the mistake will cost you. A DWI (or DUI) lawyer is important because he or she can help you avoid prolonged license suspension, fines, jail time, and other penalties. What should you look for in a DWI lawyer? In the state of New York, a leading cause of death is drinking and driving. The penalties are stiff because of this, making an experienced lawyer essential. This guide explains the costs of drinking and driving, how to prepare a defense, and more.

The Penalties for a First New York DWI
You can expect, without a lawyer, for the maximum penalties to be enforced, even if you plead guilty to the charges. If you plead guilty, you are making it clear the tests were correct, the arrest was correct, and you deserve punishment. A first New York DWI can mean up to a year jail time, fines from $500 to $1,000, a minimum license suspension of 6 months, as well as mandatory alcohol screening and evaluation.

Multiple New York DWI
The more drinking and driving charges you get, the greater the penalties. For example, a third DWI means a felony charge, the highest punishment you can get. You can get jail time from 10 days to as much as 7 years. You face fines of at least $2,000, and can expect a license suspension of a minimum of 1 year.

What does a lawyer do?
A New York DWI lawyer can allay your fears and help you make a strong defense. There is so much involved in a DWI laws and punishments that it’s crucial to get an experienced lawyer. He or she defends you in court, questions the arrest, challenges any BAC (blood alcohol content) tests, and can help you either defeat the charges or get lesser penalties.

How much will it cost?
DWI lawyers can cost more money than you might have. Don’t worry; many are willing to negotiate with fees. Generally you can expect to pay in the thousands for an effective defense. However, the value is clear: spending $5,000 to $10,000 can mean the difference between getting fines or not, keeping your license or losing it for years, and perhaps most importantly avoiding jail time. The costs are relative. And most DWI lawyers offer a free consultation or case review. Ask for references, costs, and how they might defend your case.

Resources for Finding the Right DWI Lawyer
Looking online is perhaps the best way to get a New York DWI lawyer, where you can search from thousands. It can also show you who has experience,who offers free first consultations, who you can afford, and how they actually defend you. You can also ask for references from other lawyers, or even look in the phone book. But if you’re reading this guide, you can use the web for finding your lawyer

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You admit to the officer you’ve been drinking, and she asks how much you drank. You answer, and she says you’ll have to take a breathalyzer and a sobriety test. Then, you fail the breathalyzer, or you pass it and completely fail the sobriety test.

Many mistakes are being made in these examples. It’s not wrong to admit you’ve been drinking, but there is a fine line when it comes to answering questions you may have to fight in court. Yes, you can admit to drinking, but 1) just because you fail a breathalyzer does not mean your guilty, 2) the officer has to follow the  law too, and 3) you do not have to take sobriety tests.

An effective defense against DUI  is often  bargaining with the prosecution for a lesser charge. In other ways, you can show the judge or jury enough doubt about the case to make it tougher for the prosecution to win with full charges.

Why can the breathalyzer be wrong?
Breathalyzers can be wrong. The most effective test  for BAC (blood alcohol content) is in fact not the breathalyzer which any officer can give, but the blood test. Alcohol goes into your blood and that’s the best way to test for it.

Breathalyzers can vary in accuracy from person to person. It is clearly not an exact science. The breathalyzer tests blood alcohol from exhaled air, which is then multiplied greatly to get an estimate. If it sounds flawed, that’s because it’s simply the most convenient test for officers on the road. Yes, it is accurate much of the time, but it often does not stand in court without further evidence. Breathalyzer tests have been proven to be wrong in many cases. Just because you fail one does not mean you should plead guilty.

Why not take a sobriety test?
Also, if you plead guilty based on a sobriety test, it’s a mistake. If you fail both the breathalyzer and sobriety test, you still need not necessarily plead guilty. Why? Quite simply, sobriety tests are optional, and some officers perform them incorrectly. So we now know breathalyzers and sobriety tests can be inaccurate.

What mistakes can the officer make?
The officer can pull you over without probable cause. He or she might pull you over based on how your car looks or more often how you look. This is against the law, “profiling” suspects before they’ve done anything wrong. Also, if you choose to take a sobriety test just to prove your not drunk, the officer may  not perform it accurately. Another way officers make mistakes is never reading your rights, the Miranda.

When should you plead guilty?
There are cases where pleading guilty to lesser charges is definitely smart. However, never make this decision without the counsel of a DUI lawyer. You need someone who has years experience in handling cases just like yours. Never, ever plead guilty without consulting a lawyer.

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