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Third A-DWI within 10 Years

Offering Vigorous Defense to Felony Alcohol-Related Driving Offenses

If you have prior convictions for alcohol and drug related driving offenses, the sight of a law enforcement officer indicating that you should pull over may lead to consideration of the worst-case scenarios. Drivers who have multiple prior convictions for aggravated driving while intoxicated (A-DWI) risk the possibility of a felony conviction and a lengthy term of incarceration in state prison. A motorist will be charged with A-DWI if the driver has a blood alcohol concentration of .18% or higher when arrested for driving while intoxicated. Because drivers with extremely high blood alcohol levels are more likely to be involved in collisions that cause serious injuries and fatalities, law enforcement officers and prosecutors are particularly zealous about obtaining convictions in these cases. If you have previous convictions for driving with a BAC level of .18 or higher, which is more than double the legal limit for DWI in New York, you are facing an extremely serious situation.

Punishment and Life-Altering Effects of a Third A-DWI Conviction

If you have been arrested and charged with A-DWI with two prior convictions, you face major life-altering penalties that include:

  • Criminal record with a Class D Felony;
  • Maximum term of imprisonment up to 7 years;
  • Minimum $2,000 fine to Maximum $10,000 fine; and
  • Driver’s license revocation up to 18 months.

While these forms of punishment can turn your life upside down, there are other ways that this type of charge can disrupt your life. When you are charged with this serious form of alcohol related driving offense, the charges may impact your marital relationship, child custody agreements, occupational goals, and educational objectives. The serious disruptions to your life might include:

  • Deportation, removal, or other denial of immigration benefits;
  • Public record of felony conviction;
  • Loss of eligibility for jobs requiring a New York occupational license;
  • Adverse admissions decisions by colleges and universities;
  • Exclusion from certain professions (e.g., doctors, lawyers); and
  • Forfeiture of certain rights (e.g., jury service, voting, ownership of firearms).
  • Providing Diligent Defense to Repeat Offenses of Aggravated Driving under the Influence

Our experienced New York A-DWI attorneys have successfully represented many people charged with aggravated driving while intoxicated with prior convictions. We carefully review law enforcement reports, witness statements, standardized field sobriety test (SFST) results, breath or blood test results, and other evidence so that we can pinpoint the soft spots in the prosecution’s case. Our founding attorneys at Greco Neyland, PC honed their skills while working as highly effective prosecutors. This experience and skill is now devoted to providing zealous defense of our clients’ freedom, rights, and future.

While the defense strategy we employ in your case will depend on the specific circumstances and facts, some defenses that we might employ include:

  • Filing a motion to suppress evidence obtained during the stop because the officer did not have adequate evidence to pull you over;
  • Using experts to establish that breath or blood test results are unreliable;
  • Aggressively cross-examining the arresting officer to expose inconsistent statements or lies;
  • Providing alternative theories to explain why a driver failed SFSTs;
  • Exposing breath test results compromised by mouth alcohol; or
  • Arguing that a driver’s BAC level rose over the legal limit during the interim between the stop and formal breath testing.
  • Contact a White Plains DWI Defense Attorney Today

These are just some of the defenses we employ when our clients face the devastating consequences of a repeat offense of A-DWI. We recognize the stakes are high in these cases, so we focus our resources, insider knowledge, and experience on seeking a dismissal or acquittal. At Greco Neyland, PC, our White Plains A-DWI defense lawyers have successfully represented many clients charged with serious 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 initial case evaluation.