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Driving While Ability Impaired White Plains

New York DWAI-Combination of Drugs or Drug(s) and Alcohol Lawyers

When you are arrested for driving while ability impaired by a combination of drugs or any drug and alcohol (referred to as DWAI-Combination), the potential penalties are far more severe than a conviction for DWAI-Alcohol. A conviction for DWAI-Combination is a misdemeanor offense that will result in a criminal record and other severe penalties. By contrast, DWAI-Alcohol is violation that results in a fine but does not carry the potentially debilitating impact of a misdemeanor conviction, as it is not a crime, but rather only a violation.

If you are facing a charge of DWAI-Combination, you can face significant penalties, including revocation of your driver’s license, fines and incarceration. Our experienced criminal defense attorneys at Greco ♦ Neyland, PC offer tenacious defense to those charged with the full range of driving offenses related to alcohol and/or drug intoxication. Our founding partners are former Assistant District Attorneys, so we have extensive knowledge of the vulnerable areas of the prosecutor’s case when pursuing a DWAI-combination charge.

Formal Penalties for DWAI-Combination in New York

If you have been arrested and charged with DWAI-Combination, the penalties for a conviction include:

First Offense

  • Maximum of one year in jail
  • License revocation for a period of six months
  • A fine from $500-$1,000
  • Driver Responsibility Program with annual assessment fine of $250 (3 years)
  • Potential enrollment in New York Drinking Driver Program (fees apply)

Second Offense

  • Class E Felony
  • Maximum of 4 years in jail
  • Fine ranging from $1,000-$5,000
  • Minimum driver’s license revocation of one year
  • Driver Responsibility Program (see above)
  • Potential enrollment in New York Drinking Driver Program (fees apply)

 

Informal Consequences of a Conviction of Driving While Ability Impaired-Combination

DWAI-Combination constitutes a criminal offense, so a conviction will carry the disadvantages that accompany a criminal record. These disadvantages include discovery by potential employers and landlords during a simply background check. Approximately 90 percent of employers now run criminal background checks as part of their hiring process according to the National Employment Law Project. These background checks can be conducted online with minimal expense, so employers and landlords increasingly disqualify applicants based on a criminal record. If you have a prior conviction, a second offense of DWAI-Combination can result in a felony conviction that carries even more severe penalties, including the loss of certain constitutional rights.

These are only some of the potential negative effects of a conviction of DWAI drugs/alcohol combination, other adverse consequences might include:

  • Adverse impact regarding immigration benefits and privileges for non-citizens
  • Expulsion, denial of admission or suspension from colleges
  • Denial of financing or financial aid
  • Ineligibility for certain occupational and professional licenses

While DWAI-Combination entails more serious consequences than DWAI-Alcohol, the offense also poses more of a challenge for the prosecutor. The prosecutor cannot simply rely on establishing that your BAC level is above a certain threshold based on a breath or blood test. The prosecutor must prove that your mental or physical capacity to drive was actually impaired. Our experienced criminal defense lawyers at Greco ♦ Neyland can challenge the observations of the police officer prior to and during your stop to fight the allegation that you were impaired. We also will examine the legality of the stop and seek suppression of any incriminating statements, among many other things.

Greco Neyland – We Are Ready to Start Protecting Your Rights and Future Immediately!

Our attorneys will employ all of our knowledge and experience when devising effective strategies to protect our clients. At Greco Neyland PC, our White Plains DWAI defense attorneys represent clients charged with the full spectrum of drug and alcohol-related driving offenses. We offer a free consultation, so you should feel free to call us today at (914) 358-9146 or click here to schedule your free consultation.

CHALLENGING CORRUPT LAW ENFORCEMENT TACTICS – NEW YORK CRIMINAL DEFENSE LAWYERS

When corrupt law enforcement officers or overzealous prosecutors focus the unlimited resources of the government on depriving you of your freedom and damaging your reputation, you need White Plains criminal defense lawyers who have a pugilistic attitude. At Greco Neyland PC, we are not interested in “going along to get along” with the prosecutor. We are trial attorneys with the insider knowledge of former assistant district attorneys. We know that individuals charged with drug crimes, sex offenses, domestic violence and other offenses do not need a defense attorney who is simply going to accept the first offer extended by the prosecutor.

WHITE PLAINS CRIMINAL DEFENSE LAW FIRM – FOCUSED ON PREVAILING IN CRIMINAL TRIALS

Our White Plains criminal defense lawyers tenaciously challenge police procedure in pre-trial hearings. We routinely conduct extensive investigations, so we can gather exculpatory facts and identify inappropriate and illegal law enforcement conduct. Our White Plains criminal defense attorneys use this information to seek the exclusion of evidence or to effectively cross-examine police officers and other prosecution witnesses. If our clients retain Greco Neyland PC during the pre-charge stage of a criminal case, we begin fighting for their future by exposing weaknesses in the prosecution’s case and asserting our client’s constitutional rights to limit the scope of the investigation. Our early intervention can prevent charges from being filed or result in less serious or fewer criminal charges.

When you face the criminal justice system without an experienced criminal defense attorney who is ready to go to war for clients, you risk the prospect of a highly winnable case being pled out. You need White Plains criminal defense attorneys prepared to scorch the earth litigating on your behalf in light of the serious consequences of a criminal conviction. Some of these penalties may include jail or state prison time, huge fines and other costs, a record of conviction, loss of driving privileges, registration as a sex offender, forfeiture of constitutional rights, restraining orders, mandatory counseling and/or education programs and probation.

As if these forms of punishment are not enough, a criminal conviction typically snowballs so that it adversely impacts many aspects of your life even after you have fully served the terms of your sentence, parole or probation. Some of the ways that a criminal conviction might affect you include:

  • Disqualification from professional licensing (i.e. doctor, lawyer, accountant, etc.)
  • Adverse impact in divorce or child custody cases
  • Negative responses by future landlords
  • Potential immigration consequences including removal and ban on re-entry
  • Limitations on career advancement
  • Discipline by academic institutions that might include suspension, denial of admission or expulsion
  • Ineligibility for certain jobs requiring a state license
  • Damage to your relationship with your significant other and your kids

EXPERIENCE, SKILL AND TENACITY TO PROVIDE EFFECTIVE DEFENSE TO ALL WESTCHESTER COUNTY CRIMINAL CHARGES

Whether you consider only formal sentencing terms or other long-term consequences, you do not want a White Plains criminal defense attorney who will be deterred when a prosecutor claims that your case is not winnable. Our criminal defense attorneys have built our reputation on winning just this type of case at trial by closely scrutinizing physical evidence, witness statements, forensic testing, expert reports, police procedures and essentially every other aspect of a case from the initial contact with law enforcement through trial. At the end of the day, trial experience is the number one factor that will help you. Having an attorney who has tried cases like yours before a jury for years and years, is going to give you the edge you need.

Our White Plains criminal defense attorneys carefully review all evidence and law enforcement reports along with utilizing our own investigators and experts to construct a compelling defense for our clients. While the defenses we use will be tailored specifically to your case based on factors like the nature of the charges, facts, evidence and police procedures, some defenses that we might successfully employ can include:

  • Challenging the legal sufficiency of the evidence for a stop, search or arrest
  • Seeking exclusion of evidence obtained in an unlawful search
  • Aggressively cross-examining law enforcement officers and other witnesses
  • Demonstrating that the accused does not have the specific intent (mental state) to commit the offense
  • Self-defense or defense of others
  • Alibi
  • Exposing motivations for complaining witnesses to lie or distort the facts
  • Reviewing law enforcement records to identify officer misconduct or bias
  • Attacking chemical testing of blood alcohol concentration (BAC)
  • Failure to prove the chain of custody (i.e. uninterrupted transfer of physical evidence like drugs)
  • Arguing the prosecution has failed to prove every element of a criminal offense beyond a reasonable doubt
  • Establishing consent by the complaining witness
  • Impugning the reliability of field sobriety testing
  • Exposing lab contamination and improper procedures
  • Using experts in ballistics, DNA analysis, accident reconstruction and other areas of specialized knowledge

CONTACT OUR NEW YORK CRIMINAL DEFENSE ATTORNEYS TODAY SO WE CAN BEGIN FIGHTING FOR YOUR TOMORROW!

While this list represents only a small sampling of the defenses that we may successfully use to protect our clients’ freedom and reputation, the point is that we consistently develop potential trial strategies rather than merely posture about trial while waiting for an offer from the prosecutor. Because our White Plains criminal defense lawyers have earned a reputation for taking cases to trial, prosecutors recognize that our pugilistic nature means that we are not looking to settle a case on the eve of trial. We are prepared to defend our clients’ rights, liberty, reputation and future. This is not to say we never entertain the possibility of a favorable plea agreement, but we consider such offers on our clients’ terms based on preparation of an effective criminal defense strategy at trial.

When you are facing the enormous litigation resources of the state, prosecutors who may be politically motivated and police officers willing to violate your constitutional rights, you need a criminal defense attorney ready to engage in battle rather than pander for an amicable agreement with the prosecutor. Whether you are falsely accused or got caught up in regrettable circumstances, our criminal defense attorneys are here to be your advocates – not to judge you.

At Greco Neyland PC, our White Plains criminal defense lawyers represent clients facing the full spectrum of criminal offenses from misdemeanor charges like DWAI and prostitution to serious felonies like drug trafficking and murder in White Plains and the surrounding areas of New York City.

Our White Plains criminal defense lawyers at Greco Neyland PC have the experience and commitment to defend you against the full range of criminal charges, including but not limited to the following: