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DWI Overview

Rockland County DWI Lawyer

If you are arrested and charged with a DWI (driving while intoxicated) in Rockland County or anywhere in the State of New York, you will be involved in two separate cases. One part of your case will involve the criminal court system, where you will face misdemeanor or felony charges depending on the circumstances of the incident. The other part of your case will involve the administrative penalties of the DMV, which can revoke or suspend your driver's license. Having an experienced attorney in your corner as soon as possible can impact the outcome of your DWI case in both areas. That is why I recommend that you contact me immediately if you are facing DWI charges.

Areas of Practice

As a Rockland County DWI attorney, I focus primarily on DWI defense and have extensive experience in this field. As a former Senior Assistant District Attorney in Rockland County, I headed the office's DWI Bureau and dealt with countless numbers of cases. I know how the prosecution approaches DWI cases in Rockland County and can create an effective defense on your behalf, which may help you avoid a conviction or minimize the consequences of DWI charges.

Experienced in a Variety of Cases: A Selection of My Expertise

  • Aggravated DWI: A drunk driving offense may be charged as aggravated if the incident involved factors that are considered to be more serious under the law. Some of the factors that can lead to an aggravated DWI include having a BAC of .18% or higher, causing an accident, or causing injury to a victim. The penalties are far more severe, so it is important to enlist skilled defense for your case.
  • Multiple DWI: If you are arrested for DWI with one or more previous convictions on your record, you will face increased charges and penalties. The consequences of the conviction for the latest charge will depend upon your previous convictions, the length of time between this charge and your last charge, and if any aggravating factors were involved in the incident.
  • DWI & Drugs: A driver can also be charged with DWI for driving while under the influence of drugs. This is a serious charge that can result when a driver is pulled over for driving their vehicle while impaired by an illegal narcotic, prescription drug, or even an over-the-counter medication. The conviction for this offense can include such penalties as heavy fines, incarceration, and license revocation.
  • Underage DWI: New York adheres to a Zero Tolerance law regarding underage drinking and driving, which means if a driver under the age of 21 is found to be driving with a BAC of even .02% or higher they will be charged with DWI. The penalties for an underage DWI are very severe and can lead to a lengthy license revocation.
  • Other DWI Offenses: There are a number of factors that can lead to more complicated charges than the basic DWI offense. It is important to enlist a DWI defense lawyer who possesses vast experience in all types of intoxicated driving charges, including cases involving accidents, bodily injury, drugs, fatalities, underage drivers, and aggravated charges.
  • DWI Defenses: Many people do not realize that they have the opportunity to fight their drunk driving charges. Law enforcement must follow strict protocol when arresting, testing, and charging drivers with DWI, and their failure to do so can significantly affect your available defenses. It is important to speak with a knowledgeable lawyer who can evaluate the circumstances of your case and determine your defense options.
  • DWI Penalties: The consequences of driving while under the influence can be quite severe, depending on whether the driver has prior convictions for drunk driving, their BAC, their age, and if there were any aggravating factors. The penalties can include such things as fines, incarceration in county jail or state prison, probation, community service, mandatory installation of an ignition interlock device, and license revocation.
  • Breath and Blood Tests: If law enforcement stops your vehicle under the suspicion of DWI, they will ask you to submit to a breath or blood test to determine your Blood Alcohol Content (BAC). The breath test is conducted on the scene with a breath machine and the blood test in conducted at the station or in the lab through a blood sample. If your BAC measures at .08% or higher, you will be arrested and charged with drunk driving.
  • Field Sobriety Tests: Officers assess a driver's level of intoxication through field sobriety tests. These tests measure the driver's sobriety by testing their coordination, mental, and physical capacity at the time of the traffic stop. There are many negative factors that can impact the results of a field sobriety test, but a knowledgeable attorney can evaluate your circumstances to determine the validity of the prosecution's evidence.
  • Ignition Interlock Devices: Since August 2015, ignition interlock devices have been a requirement for all New York drivers convicted of a DWI. Not only are these devices a big inconvenience and cost to drivers, but can result in further DWI penalties years after the conclusion of their case. That's why retaining proven DWI defense is so critical to reducing your IID sentence or having your charges dismissed altogether.
  • DWI Hearings: In addition to the criminal trial for your DWI, there will be an administrative hearing (in the case of alleged chemical test refusals) during which the DMV will decide whether or not to revoke your license. The hearing will take place within 15 days of your arraignment and gives your attorney the opportunity to present evidence of your innocence and fight for you to retain your license.
  • Speeding and Traffic Tickets: Hundreds of traffic citations are issued every day, but these tickets can have serious impacts on a person's life and finances. If you were cited for a traffic violation, do not wait to contact my team to learn how you can challenge the ticket and its penalties. In most cases, these matters can be resolved without the driver ever having to personally appear in court.
  • Criminal Defense: In addition to offering powerful representation for DWI cases, my firm provides aggressive and effective criminal defense services. If you are facing criminal charges in Rockland County, call today to learn how you can fight the allegations made against you.

Enlist Powerful Defense Against Your Charges

You will be charged with a DWI if your blood alcohol content (BAC) is 0.08 or above on a chemical test. Even if your driving was not affected by alcohol, you can still be charged if you BAC is at or above the legal limit. You can also be charged with a DWI if your driving ability is impaired, as observed and reported by a police officer, regardless of your BAC. According to the New York State Vehicle and Traffic Law, intoxication is defined as a condition where you lack the necessary physical and mental skills to operate a motor vehicle in the manner that any reasonable and prudent driver would.

On a first drunk driving conviction, charged as a misdemeanor, you face penalties of up to 1 year in jail, $500.00 to $1,000.00 in fines, mandatory State surcharges and the loss of your driver's license for at least 6 months. You will be required to have an alcohol evaluation and may have to attend an alcohol education class following your conviction. Other DWI penalties include probation, community service, and the installation of an ignition interlock device, which will prevent your vehicle from starting until you provide an acceptable breath test. If you engage my services as your Rockland County DWI lawyer, I will work vigorously on your behalf to help you avoid these penalties.

Contact the Rockland County DWI Attorney at the firm today if you have been arrested for a DWI anywhere in Rockland County.

Why Choose Law Office of Brian Berkowitz?

  • I am proud to handle a wide-variety of criminal cases, with a special focus on DWI-related crimes.
  • I am a former head of the Rockland County District Attorney's DWI Bureau.
  • We proudly accept credit cards and try to make it as easy as possible to have a great defense.
  • I believe in offering a free consultation for my clients to learn about your case.
  • I am a former prosecutor with 25 years of experience to help you through any DWI or criminal charges you face.

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When you work with me team, you can be confident that we have the skill needed to powerfully advocate on your behalf.

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