Mid-Hudson Valley and Catskills DWI and DWAI Lawyer
Charges of operating a car while under the influence of alcohol or controlled substances can lead to serious consequences. If you are facing charges of DWI or DWAI, you want an attorney who knows the law and the procedure in these areas.
I am Gary R. Somerville, Attorney at Law. I defend people against charges of DWI, DWAI and drunk driving. I know how the system operates. As a former Orange County Assistant District Attorney, I used to prosecute these cases. Let me put my experience and my knowledge of the system to work for you.
What You Are Up Against
There are various levels of impaired driving charges, and increasingly serious consequences, depending upon the blood alcohol content (BAC) or the amount of impairment caused by controlled substances. Charges include:
- DWAI- Driving while ability impaired. The BAC is less than .08.
- DWI- Driving while intoxicated. The BAC is .08 or greater.
- Aggravated DWI- Driving while intoxicated. The BAC is over .18.
- DWAI Drugs - The prosecution must prove that your ability to operate a vehicle was impaired to any level. This charge applies to any drug, illegal or prescription. It is easier for the prosecution to prove this standard than to prove DWI.
If convicted of DWI, Aggravated DWI or DWAI Drugs, you will have a criminal record. This information will follow you around and is a mandatory disclosure on documents such as future job applications. No matter what impaired driving charge you are facing, call me for help.
To Fight, or to Agree to a Plea Bargain?
I know when it is reasonable to fight charges and hope for an acquittal. I also know when the cards are stacked against you and it is best to try to negotiate a lesser charge. Don't try to make these calculations on your own. You are up against determined professionals. Let a determined professional defend you.
Keeping Your Driving Privilege
New York law requires the suspension of a license pending prosecution if the BAC is .08 or higher. It is possible to request a "hardship privilege" if the loss of the privilege will result in the loss of a necessity such as one's home or job (unless the job involves driving). If your work requires a commercial or professional driving license, I will try to help you to maintain these licenses.
Refusal of Breath Test
If you're deemed to have refused a breath test, there are additional penalties including automatic suspension or revocation of your license and an administrative hearing at the Department of Motor Vehicles (DMV). Under certain circumstances you may be able to keep your drivers license. I will walk you through the process and appear with you at the hearing.
Contact me, Gary R. Somerville, Attorney at Law, if you face DWI or DWAI charges.
