ATTORNEY SERVING BUFFALO AND WNY FOR DWI AND DUISunil Bakshi and Joseph Leta stand out amongst all Dwi Laywers In Buffalo.
Sunil Bakshi & Joseph Leta are attorneys who focus on DWI arrests in Amherst, Cheektowaga, Tonawanda, West Seneca, Clarence, Grand Island, Orchard Park, Kenmore, Hamburg, Depew and Buffalo, New York. Their experience, background, and knowledge of the Drinking and Driving Laws in the State of New York speaks for itself.
When choosing a Buffalo DWI Lawyer, DUI or DWI Attorney in Buffalo or in the Western New York area, it is important to know the credentials of your Attorney and their Experience. Sunil Bakshi & Joseph Leta have extensive experience and will take you into the courtroom and help defend your DWI or DUI Offense. They will help you in every step of the process until you are fully re-licensed.
Some of the Consequences of a DWI conviction are listed below:
DWI (Driving While Intoxicated): a Crime; 6 month minimum license revocation, minimum mandatory fine of $500; suspension or revocation the first time you appear in Court.
DUI (Driving Under the Influence), sometimes refereed to as Driving While Ability Impaired (DWAI): a traffic infraction, 90 day license suspension, minimum mandatory fine of $300.
DWI Drugs: 6 month mandatory minimum license revocation, minimum mandatory fine $500.
There are also additional consequences and penalties.
What if you arrested for the above and you are under the age of 21, when in fact you are not even allowed by law to drink, and you drink and now drive?
What if you are arrested for an alcohol offense in your private vehicle and you have a C.D.L. (Commercial Drivers License)?
Did you know that all C.D.L. convictions are nationally reported?
Should a conviction result for any alcohol driving offense, the second conviction within certain time frames dictates greater sanctions and penalties.
Should I take the test? What test? Breathe test; Blood Test; Urine Test; Should I take the field sobriety tests?
--Walk and Turn
--Heal to Toe
--Finger to Nose
--Horizontal Gaze Nystagmus
--One Leg Stand
Should I answer the Officers Questions? What Questions? Where have you been? Where are you going? What have you had to drink?
The number of arrested have increased. The number of convictions has increased. The legislature is cracking down on drunken drivers.
Prior to 1966 the legal limit for DWI was .15%
In 1966 the legal limit was lowered to .10% or by 1/3
In 2003 the legal limit was again reduced to .08% or by 20%
So what are the consequences of not taking the test? At your first appearance in Court, the Judge is REQUIRED to immediately revoke your license. But what if you claim, as the U.S. Constitution states that you are still innocent.
In the case of an alcoholic arrest, the legislation would rather be safe than sorry. SO, with your license gone, you are entitled to a hearing… a mini-trial. But not at the Court. Not immediately. You can not get your license back, yet. The mini-trial will be scheduled at the Department of Motor Vehicles at some other location within 10 days. The mandatory punishment for a knowing refusal to take the breath test is a 1 YEAR REVOCATION . This has nothing to do with the Court matter. This is separate than the Court matter. Even if we now WIN at Court, your license has been REVOKED for 1 YEAR by the N.Y.S. Department of Motor Vehicles. You can not go to DWI school because you won at Court. You therefore do not need alcohol counselling, BUT since you refused the test and lost at the hearing, your license is revoked.
If you drive on a revoked license, and are caught, a mandatory jail term could be imposed.
As of November 2006, a new law was created such that .18 or greater Blood Alcohol Content is now an Aggravated DWI with greater mandatory fines and sanctions. An Aggravated DWI is:
1.) A crime;
2.) Requires a 1 year revocation of the license; and
3.) Mandatory minimum fine of $1,000.00.
The plea bargaining has decreased.
More drivers are now made criminals.
More driving privileges have been taken away.
The new legislation also requires an ignition interlock on your car with you footing the cost of at least $75.00 per month on all cars registered in your name even if your "privilege" is revoked and you cannot drive, plus a monthly upkeep of such device of $75.00 plus!
NEW: AS OF SEPTEMBER 25, 2012, the N.Y.S. Department of Motor Vehicles has changed their review process to the detriment of any 3rd time offender in the last 25 years.
They have imposed a five-year waiting period on any application for relicensure, when after serving the revocation period on the present case. Once the Court's revocation period is up, the driver will have to wait an additional five (5) years before they will qualify for limited driving privileges with an ignition interlock device for an additional five (5). This is expensive and can effect your ability to get to work and other important events in your life.
Ultimately, there are severe consequences to a DWI arrest, and you need an attorney with experience and know how to expertly walk you through the maze of legislation and court. We are here to help you.