A Common Offense With Major Consequences
Driving under the influence of drugs or alcohol ranks among the most prevalent crimes. Even individuals far from being “hardened criminals” frequently face drunk-driving charges. Additionally, drunk driving stands out as one of the few offenses individuals can unwittingly commit. Many DUI and DWI cases originate from individuals consuming just a few drinks and driving home, unaware they surpass the legal limit.
Despite their commonality, DUI and DWI charges carry severe repercussions upon conviction. Buffalo Criminal Defense Attorney Louis C. Mussari offers a robust, strategic defense against these charges. With nearly a decade of experience as an Erie County criminal prosecutor, he possesses the expertise to challenge these charges effectively and minimize potential consequences.
If facing accusations of DUI or DWI in or around Buffalo, New York, Louis C. Mussari, Criminal Attorney, stands ready to provide assistance.
What Is The Difference Between DUI And DWI In New York?
First, it is important to understand the differences between DWI and DUI in New York:
- DWI, or driving while intoxicated, involves driving while being impaired by alcohol. A charge of drunk driving per se can include anyone driving over the legal limit of 0.08% blood alcohol content (BAC).
- DUI, or driving under the influence, can include alcohol, but it also includes driving under the influence of other drugs.
- DWAI, or driving while ability impaired, can be charged when the driver is still under the legal limit but is still too impaired to drive safely. This is a lesser offense than the other two, but it is still serious.
In most cases, the penalties and severity of the charges are directly related to the amount of alcohol in the driver’s system, the existence of any past drunk-driving convictions and other aggravating factors.
Chemical Tests And Refusal To Submit
New York operates under the implied consent concept, which means that, by getting behind the wheel of your car and driving in New York, you are consenting to taking a breath or blood test to check for intoxication levels when requested by the police.
Refusal to submit to a legal test of this kind is a crime in its own right, and you will face separate prosecution. Plus, you could face the penalties for refusing to submit to a test, and they could still convict you for drunk driving.
Buffalo’s Premier Criminal Defense Lawyer: Your Strong Ally Against DWI/DUI Charges
Louis C. Mussari, Criminal Defense Lawyer in Buffalo, is dedicated to assisting clients in effectively challenging DWI/DUI charges. With a wealth of experience and legal acumen, he meticulously crafts individualized defense strategies tailored to each client’s unique circumstances. Understanding the serious implications of DWI/DUI charges, Louis strives to minimize potential consequences and protect his clients’ rights. Clients can trust in Louis C. Mussari, Attorney at Law, to provide relentless advocacy and steadfast support throughout the legal process.
DWI/DUI – Legal Overview
The tabs below contain some additional legal information on DWI/DUI in the State of New York.
- Alcohol & Drug Related Violations
- Possible Penalties
- Defense Strategies
At the Louis C. Mussari Law Firm, we understand the stress and uncertainty that come with facing DWI/DUI charges. Our deep knowledge of DWI/DUI laws allows us to provide you with a robust defense, aimed at minimizing penalties and safeguarding your rights. We are committed to offering personalized legal counsel, guiding you through each step of the legal process to ensure the best possible outcome for your case.
- Driving While Intoxicated (DWI): .08 Blood Alcohol Content (BAC) or higher.
- Aggravated Driving While Intoxicated (Aggravated DWI): .18 BAC or higher.
- Driving While Ability Impaired by Alcohol (DWAI/Alcohol): More than .05 BAC but less than .07 BAC.
- Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)
At the Louis C. Mussari Law Firm, we know that facing DWI/DUI charges can be a daunting experience, filled with uncertainty and concern for your future. With our years of experience in handling DWI/DUI cases, we are well-equipped to navigate the complexities of the legal system, advocating for your rights and working tirelessly to achieve the most favorable outcome. Our client-centered approach ensures that you receive compassionate, personalized legal representation throughout the entire process.
- Aggravated DWI: $1,000 – $2,500 fine, 1-year maximum jail term, license revoked for at least one year.
- Second Aggravated DWI in 10 years: $1,000 – $5,000 fine, 4-year maximum jail term, license revoked for at least 18 months.
- Third Aggravated DWI in 10 years: $2,000 – $10,000 fine, 7-year maximum jail term, license revoked for at least 18 months.
- DWI or DWAI-Drug: $500 – $1,000 fine, 1-year maximum jail term, license revoked for at least six months.
- Second DWI or DWAI-Drug in 10 years: $1,000 – $5,000 fine, 4-year maximum jail term, license revoked for at least one year.
- Third DWI or DWAI-Drug in 10 years: $2,000 – $10,000 fine, 7-year maximum jail term, license revoked for at least one year.
Note: Possible penalties and legal outcomes may vary pending an in-depth review of the specifics of your case.
At the Louis C. Mussari Law Firm, we understand the life-altering implications of a DWI/DUI charge and are committed to standing by your side. Our specialized defense strategies in DWI/DUI cases are meticulously designed to challenge the prosecution’s evidence, protect your rights, and aim for reduced penalties or even case dismissal. We work closely with you to tailor a defense that aligns with the unique circumstances of your case, ensuring the most favorable outcome possible.
- Unlawful Search Under the Fourth Amendment: If law enforcement did not have probable cause for a search, any sample taken (breath, urine, or blood) may have been obtained unlawfully. This could lead to the evidence being thrown out.
- Warrantless Blood Test and the Fourth Amendment: Police must have a warrant to order a blood test unless there are specific exigent circumstances. Failure to obtain a warrant could make the blood test unlawful.
- Faulty or Improperly Administered Breathalyzer: If the breathalyzer machine was defective or the test was not administered properly, the results may not be used against you.
- Tainted Chemical (Blood or Urine) Test Results: If the chemical test was not completed accurately or the sample was not stored properly, the results could be tainted and may not be used against you.
Note: Defense strategies and legal outcomes may vary pending an in-depth review of the specifics of your case.
At the Louis C. Mussari Law Firm, we understand the stress and uncertainty that come with facing DWI/DUI charges. Our deep knowledge of DWI/DUI laws allows us to provide you with a robust defense, aimed at minimizing penalties and safeguarding your rights. We are committed to offering personalized legal counsel, guiding you through each step of the legal process to ensure the best possible outcome for your case.
- Driving While Intoxicated (DWI): .08 Blood Alcohol Content (BAC) or higher.
- Aggravated Driving While Intoxicated (Aggravated DWI): .18 BAC or higher.
- Driving While Ability Impaired by Alcohol (DWAI/Alcohol): More than .05 BAC but less than .07 BAC.
- Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)
At the Louis C. Mussari Law Firm, we know that facing DWI/DUI charges can be a daunting experience, filled with uncertainty and concern for your future. With our years of experience in handling DWI/DUI cases, we are well-equipped to navigate the complexities of the legal system, advocating for your rights and working tirelessly to achieve the most favorable outcome. Our client-centered approach ensures that you receive compassionate, personalized legal representation throughout the entire process.
- Aggravated DWI: $1,000 – $2,500 fine, 1-year maximum jail term, license revoked for at least one year.
- Second Aggravated DWI in 10 years: $1,000 – $5,000 fine, 4-year maximum jail term, license revoked for at least 18 months.
- Third Aggravated DWI in 10 years: $2,000 – $10,000 fine, 7-year maximum jail term, license revoked for at least 18 months.
- DWI or DWAI-Drug: $500 – $1,000 fine, 1-year maximum jail term, license revoked for at least six months.
- Second DWI or DWAI-Drug in 10 years: $1,000 – $5,000 fine, 4-year maximum jail term, license revoked for at least one year.
- Third DWI or DWAI-Drug in 10 years: $2,000 – $10,000 fine, 7-year maximum jail term, license revoked for at least one year.
Note: Possible penalties and legal outcomes may vary pending an in-depth review of the specifics of your case.
At the Louis C. Mussari Law Firm, we understand the life-altering implications of a DWI/DUI charge and are committed to standing by your side. Our specialized defense strategies in DWI/DUI cases are meticulously designed to challenge the prosecution’s evidence, protect your rights, and aim for reduced penalties or even case dismissal. We work closely with you to tailor a defense that aligns with the unique circumstances of your case, ensuring the most favorable outcome possible.
- Unlawful Search Under the Fourth Amendment: If law enforcement did not have probable cause for a search, any sample taken (breath, urine, or blood) may have been obtained unlawfully. This could lead to the evidence being thrown out.
- Warrantless Blood Test and the Fourth Amendment: Police must have a warrant to order a blood test unless there are specific exigent circumstances. Failure to obtain a warrant could make the blood test unlawful.
- Faulty or Improperly Administered Breathalyzer: If the breathalyzer machine was defective or the test was not administered properly, the results may not be used against you.
- Tainted Chemical (Blood or Urine) Test Results: If the chemical test was not completed accurately or the sample was not stored properly, the results could be tainted and may not be used against you.
Note: Defense strategies and legal outcomes may vary pending an in-depth review of the specifics of your case.
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Ask Yourself: Can You Afford Not To Call?
The decisions you make in the next days and weeks are critical. Will you get to keep living your life or will spend time in jail, pay thousands of dollars in fines, and suffer consequences for employment, education and where you live? Make the wise choice and call Louis C. Mussari, Attorney at Law, at 716-430-2147.