Credentials

Areas We Service

Areas We Service

  • Albany Area
    Albany DWI Lawyer

    The DWI GUYS has a team of DWI Attorneys in the capital region that believe in a purpose so strong, that every part of the process matters. Our Capital district covers the counties of Albany, Washington, Warren, Saratoga, Schenectady, Rensselaer, Columbia, Greene, Ulster, Schoharie, Montgomery, and Fulton. All our attorneys in the capital region have the energy to reject the status quo and have the courage to question the norm, even if it means taking unconventional positions to help our clients.

  • Binghamton Area
    Binghamton DWI Lawyer

    The DWI GUYS has team of focused DWI attorneys in Binghamton brings a different level of experience; focused defense with experience as former prosecutors and judges, the Southern Tier team handles all our drug and alcohol cases in the region. Our Southern Tier attorneys cover counties of: Binghamton, Tioga, Chenango, Cortland and Tompkins. With plenty of attorneys to choose from, our dedicated, focused and result orientated team is what makes us stand apart.

  • Buffalo Area
    Buffalo DWI Lawyer

    The DWI GUYS has a team of attorneys that are dedicated at protecting the rights for our Western New York residents. Our Western New York team covers the counties of Erie, Niagara, Cattaraugus, Chautauqua, Livingston, Genesee, Wyoming and Orleans. With 20+ years’ experience navigating people thought the court system, our Western New York team is committed to helping you get past this to move on with your life with the least amount of risk. Our Buffalo team will do what is right, regardless of what popular opinion may be.

  • Hudson Valley Area
    Hudson Valley DWI Lawyer

    The DWI GUYS has a team of DWI Attorneys in the Hudson Valley region that believe in holding the government accountable. Our Hudson Valley region covers the counties of Dutchess, Ulster, Westchester, Putnam, Rockland and Orange. All our attorneys in the Hudson Valley region have the energy to reject the status quo and have the courage to question the norm, even if it means taking unconventional positions to help our clients.

  • Long Island Area
    Long Island DWI Lawyer

    The DWI GUYS has a team of highly skilled and motivated DWI Attorneys. Our Long Island Team covers the counties of Nassau and Suffolk, two of the most difficult counties that prosecute DWI’s. With a focus around representing people charged with drug and alcohol offenses, our experienced Long Island team is committed to obtaining the best possible result for our clients. The Long Island team will not abandon our clients, even during the worst of circumstances.

  • Metro NYC Area
    Metro NYC DWI Lawyer

    The DWI GUYS has team of focused DWI attorneys in New Your City that brings a different level of experience; focused defense with experience as former prosecutors and judges, the Metro NYC team handles all our drug and alcohol cases in the region. Our Metro NYC team covers all five boroughs: Brooklyn, Queens, Manhattan, Bronx and Staten Island. With plenty of attorneys to choose from, our dedicated, focused and result orientated team is what makes us stand apart. The team in NYC will defend people as strongly as possible, even when it seems impossible.

  • Rochester Area
    Rochester DWI Lawyer

    The DWI GUYS has team of result-oriented DWI attorneys in Rochester believes in doing what is right, regardless of popular opinion. Our Western New York attorneys cover counties of: Monroe, Wayne, Ontario, Yates, Livingston, Orleans, Genesee, Niagara, Wyoming, and Erie. Our Western New York office, understands the power of a team and that no one person is as powerful or as great as all of us together.

  • Syracuse Area
    Syracuse DWI Lawyer

    The DWI GUY has a team of DWI Attorneys that believe in defending people as strongly as possible even when it may seem impossible. Our Central district covers the counties of Onondaga, Oneida, Oswego, Madison, Cortland, Cayuga, and Seneca. Our Central New York office has a commitment and unwillingness to abandon our clients, even during the worst of circumstances.

  • Utica Area
    Utica DWI Lawyer

    The DWI GUYS has a team of highly skilled and motivated and skilled DWI Attorneys. Our Utica-Rome district covers the counties of Oneida, Madison, Herkimer, Chenango and Otsego. With a focus around representing people charged with drug and alcohol offenses, our Utica team is committed to obtaining the best possible result for our clients

  • Watertown Area
    Watertown DWI Lawyer

    The DWI GUYS has a team of attorneys that are dedicated at protecting the rights of our North Country residents, including our soldier at Fort Drum. Our North Country office covers the counties of Watertown, Oswego, Lewis and St. Lawrence. With 10+ years’ experience navigating people thought the court system, our North Country team is committed to helping you get past this to move on with your life with the least amount of risk.

Processing Stages

Arrest

If a police officer believes they have reasonable suspicion that a violation or crime has occurred, they will likely pull you over, especially in the late night or early morning hours. After further investigation, through any admissions on your part, or your performance of the Field Sobriety Tests (FST’s), the officer may believe they have probable cause for an arrest. At that point, you will likely be arrested and your vehicle will be towed. At the police station, you may be asked to take another breath test. If you refuse, you may be held overnight or immediately go before a judge, who will suspend your driver’s license.

Issues with the arrest could involve the officer not having reasonable suspicion to pull you over, failure to administer the field sobriety tests in a standardized manner, or false/faulty calibration of the breath machine.

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Arraignment

We recommend having an attorney present with you at all court proceedings; including the arraignment. The Judge may seem like a reasonable person, but their job is to remain fair and impartial. Your attorney’s responsibility is to zealously advocate for you and act with your best interests in mind.

The arraignment will most likely be your first appearance before a judge and therefore, this appearance will likely cause you the most anxiety. Being familiar with this, not only will your legal team be with you, they will communicate with you prior to the appearance so you what will be fully aware of what to be prepared for and what could potentially happen at your arraignment.

At the arraignment, the Judge reads the charges you are facing, unless we waive the formal reading of these charges. You have an opportunity to enter a plea of “guilty” or “not guilty.” In nearly every case, we recommend entering a plea of “not guilty” at this stage, primarily because we want to see the evidence against you BEFORE you plead guilty to anything.

If the court has a chemical test result alleging your Blood Alcohol Concentration (BAC) to be 0.08% or higher, the judge will likely immediately suspend your driver’s license pending prosecution. Our responsibility, if applicable, will be to present the court with a hardship affidavit, which allows you some limited driving privileges. If it is alleged that you refused to take a chemical test, your driver’s license will be immediately suspended pending a future hearing called a “refusal hearing”. This is a separate administrative hearing through the Department of Motor Vehicles (DMV). Some attorneys may not include representation at this hearing as it is considered a civil matter and not criminal. However, if we represent you we will handle this matter, if needed, because we fully understand the importance of fighting for your right to drive no matter how difficult the argument.

If applicable and needed, your legal team will argue on your behalf at the refusal hearing for your license privileges. An Administrative Law Judge will determine whether your license should be returned to you or not. Additionally, the refusal hearing can provide valuable information that we can use in defense of your criminal case.

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Discovery/Fact Gathering

In most cases, after the arraignment, your legal team will request “discovery” materials from the prosecution. Discovery materials will include the evidence and allegations in your case that the prosecution has compiled. Some of this evidence may include tickets, accusatory instruments, police reports, witness statements, videos, photos, etc. Following the discovery stage, your legal team will have a much clearer picture of the prosecution’s case against you and will be able to assess the strengths and weaknesses of your case.

Your defense team will carefully analyze this information and will frequently file motions challenging some of the allegations, as well as preserving your rights. Often, additional hearings may be conducted with an attempt to suppress evidence the prosecution seeks to use against you.

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Negotiations

Plea Bargaining is a process where your legal team will meet with the prosecutor in an attempt to negotiate a compromise to have your charges and penalty reduced by pleading guilty to a lesser charge. Under some circumstances, this may be a realistic and beneficial option for you. In other cases, this strategy may not serve your best interest or may not even be an option. As part of your representation, your legal team’s responsibility is to outline all the options available to you and provide you with the risk/reward of each offer. We will help you understand when a plea bargain may be in your best interest. Based on our experience and relationships with the courts and district attorney’s offices, we can negotiate the greatest possible reduction in charges for you and/or limit the severity of potential consequences.

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Trial

If your case has not been resolved by this point, the offers provided are not acceptable, and you wish to continue to fight your case, we will likely proceed to trial. At trial, your attorney will present your defenses to the Judge and/or jury. If you decide to go to trial, the prosecution has the burden of proving you guilty “beyond a reasonable doubt.” During trial, your defense lawyers will prepare and present the strongest possible arguments on your behalf. If the government cannot prove their case beyond a reasonable doubt, you will be found “not guilty.” If they can prove their case, you will be found “guilty”. In some cases we may seek to have multiple attorneys work on a single trial as we feel the synergy as a team provides better results.

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Sentencing

If you are convicted at trial or accept a plea bargain, the judge may sentence you to:

  • Payment of fine and surcharges;
  • A short jail term;
  • A long jail term depending on the severity of the charge you have been convicted of or plead guilty to;
  • Probation or a suspended sentence, with restrictions on where you can go and what you can do (i.e. barred from drinking);
  • Community service, working with a local nonprofit community organization;
  • Installation of an “ignition interlock” device on your vehicle which prevents you from operating your vehicle if your blood alcohol content is over a certain level, typically .02;
  • Completion of an Impaired Driver Program;
  • Attendance of a Victim Impact Panel; and
  • Other consequences at the discretion of the judge within certain guidelines.

Your driver’s license may also be suspended or revoked for a certain period of time. In certain circumstances, you may be eligible to obtain a conditional license with restrictions on when and where you can drive.

In many situations, we will know in advance the potential sentencing guidelines and, as a result, this stage becomes more of a formality to conclude the criminal case against you.

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Disclaimer:

Please be advised that this case outline is only intended for educational purposes and to give a general overview of a DWI or DWAI-Drugs case. Each case is different and your experience may vary greatly from this outline. This is intended for informational purposes only. An attorney-client relationship has not been established and is not intended to be legal advice.

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