The following Case Analysis outlines your charges. This Case Analysis should help you understand your case and be beneficial when deciding which lawyer to hire. This Case Analysis does not constitute an attorney-client relationship, it does not constitute legal advice, and is solely for informational purposes.

The purpose of this Case Analysis is to illustrate the potential exposure the criminal charges pending against you can present.

At this early stage, we have limited information about your case, and this Case Analysis is based on basic information provided in your responses. Accordingly, the information contained herein demonstrates your potential exposure based on the information you provided and is subject to change, as more information about your criminal charges is obtained. However, this Case Analysis provides the basic and most important information regarding your situation.

Please take a few minutes to read this overview to better understand your charges. We will contact you shortly to discuss your case, the concerns you have, and determine if you need legal representation through the discussion of your goals. In the meantime, if you can take 10-15 minutes to complete this case questionnaire, www.xadwi.com, it would provide us with additional valuable information ahead of our talk.

Best regards,

Brent Xavier, President

Your Exposure

Under New York Law, every criminal charge and traffic infraction has mandatory sentences for those who are convicted. This section explains the charges against you and the worst case scenario if you are found guilty. It is likely that traffic tickets accompanied your arrest. This case analysis does not include your exposure to them, but rest assured, if you retain Xavier DWI Defense Attorneys, we will handle them as well. Please also be aware that a criminal background or prior offenses can increase the penalties for the charges against you.

You indicated you have been charged with a Felony DWI. If you are charged with a DWI after having been previously convicted of a DWI, Aggravated DWI, or DWAI-Drugs within the past 10 years, or had a child in the car when you were alleged to be intoxicated, you face the following potential consequences:

  1. A fine between $1,000 and $5,000, up to 4 years in state prison, or both;
    • *If you have 2 or more Misdemeanor or Felony DWI convictions within the past 10 year period, you likely will be charged with a Class “D” felony and the fines would increase to $2,000-$10,000, up to 7 years in state prison, or both.
  2. A 5-year period of probation;
  3. Revocation of your driver’s license for at least 1 year. The DMV may also require evidence of an alcohol evaluation and/or rehabilitation before considering relicensing you;
  4. The DMV will revoke your license for at least 1 year, and the Court may, as a condition of probation, prohibit you from driving while you are on probation. In that event, the DMV will not relicense you until you submit proof that this condition of probation has been removed;
  5. Discretionary revocation of your registration for at least 1 year;
  6. A mandatory state surcharge of $520;
  7. A DMV driver responsibility assessment of $250 a year for 3 years;
  8. Attendance at a Victim Impact Panel*;
  9. Installation of an ignition interlock device in any motor vehicle that you own or operate during the term of probation or conditional discharge, and in no event for less than 12 months.

*Please note if there was serious injury or death, then the ramifications will be significantly higher and you need to call to discuss.

If you have prior convictions within the past 5 years, you are subject to the following additional penalties:

  1. Mandatory sentence of 5 days in jail or 30 days of community service;
  2. If the new charge is more than 5 years from your prior conviction, you may be eligible for a conditional license. However, even if you are eligible to drive, the Court can make that final determination.

Other Potential Costs:

  • Loss of income from job termination;
  • $300 enrollment fee in the Drinking Driver Program**;
  • $200 to $400 for an alcohol evaluation and potentially up to several thousand dollars in counseling depending on the level of treatment recommended;
  • $35 license reinstatement fee;
  • Increased insurance premium; and
  • Fees for the ignition interlock device in every vehicle you own or operate: approximately $300 for installing per vehicle and approximately $100 per month monitoring per vehicle.

You indicated you have been charged with a Felony Aggravated DWI. If you are charged with a DWI after having been previously convicted of a DWI, Aggravated DWI, or DWAI-Drugs within the past 10 years, or had a child in the car when you were alleged to be intoxicated, you face the following potential consequences:

  1. A fine between $1,000 and $5,000, up to 4 years in state prison, or both;
    • *If you have 2 or more Misdemeanor or Felony DWI convictions within the past 10 year period, you likely will be charged with a Class “D” felony and the fines would increase to $2,000-$10,000, up to 7 years in state prison, or both.
  2. A 5-year period of probation;
  3. The DMV will revoke your license for at least 1 year, and the Court may, as a condition of probation, prohibit you from driving while you are on probation. In that event, the DMV will not relicense you until you submit proof that this condition of probation has been removed;
  4. A mandatory state surcharge of $520;
  5. A DMV driver responsibility assessment of $250 a year for 3 years;
  6. Attendance at a Victim Impact Panel (information is provided below)*;
  7. Installation of an ignition interlock device in any motor vehicle that you own or operate during the term of probation or conditional discharge, for a period of 12 months.

*Please note if there was serious injury or death, then the ramifications will be significantly higher and you need to call to discuss.

If you have prior convictions within the past 5 years, you are subject to the following additional penalties:

  1. Mandatory sentence of 5 days in jail or 30 days of community service; and
  2. If the new charge is more than 5 years from your prior conviction, you may be eligible for a conditional license. However, even if you are eligible to drive, the Court can make that final determination.

Other Potential Costs:

  • Loss of income from job termination;
  • $300 enrollment fee in the Drinking Driver Program**;
  • $35 license reinstatement fee;
  • $200 to $400 for an alcohol evaluation and potentially up to several thousand dollars in counseling depending on the level of treatment recommended;
  • Increased insurance premiums; and
  • Fees for the ignition interlock device in every vehicle you own or operate: approximately $300 for installing per vehicle and approximately $100 per month monitoring per vehicle.

You indicated you have been charged with a Felony DWAI Drugs. If you are charged with a Felony DWAI Drugs after having been previously convicted of a DWI, Aggravated DWI, or DWAI-Drugs within the past 10 years, or had a child in the car when you were alleged to be intoxicated, you face the following potential consequences:

  1. A fine between $1,000 and $5,000, up to 4 years in state prison, or both;
    • *If you have 2 or more Misdemeanor or Felony DWI convictions within the past 10 year period, you likely will be charged with a Class “D” felony and the fines would increase to $2,000-$10,000, up to 7 years in state prison, or both.
  2. A 5-year period of probation;
  3. Revocation of your driver’s license for at least 1 year. The DMV may also require evidence of an alcohol evaluation and/or rehabilitation before considering relicensing you;
  4. The DMV will revoke your license for at least 1 year, and the Court may, as a condition of probation, prohibit you from driving while you are on probation. In that event, the DMV will not relicense you until you submit proof that this condition of probation has been removed;
  5. A mandatory state surcharge of $520;
  6. A DMV driver responsibility assessment of $250 a year for 3 years; and
  7. Attendance at a Victim Impact Panel*;

*Please note if there was serious injury or death, then the ramifications will be significantly higher and you need to call to discuss.

If you have prior convictions within the past 5 years, you are subject to the following additional penalties:

  1. Mandatory sentence of 5 days in jail or 30 days of community service; and
  2. If the new charge is more than 5 years from your prior conviction, you may be eligible for a conditional license. However, even if you are eligible to drive, the Court can make that final determination.

Other Potential Costs:

  • Loss of income from job termination;
  • $300 enrollment fee in the Drinking Driver Program**;
  • $200 to $400 for an alcohol evaluation and potentially up to several thousand dollars in counseling depending on the level of treatment recommended;
  • $35 license reinstatement fee;
  • Increased insurance premium.

You indicated you have been charged with an Aggravated DWI. Aggravated DWI is a criminal offense. If you are convicted of Aggravated DWI as a first offense, you face the following potential consequences:

  1. A fine between $1,000 and $2,500, up to 1 year in jail, or both;
  2. A 3-year period of probation;
  3. Revocation of your driver’s license for at least 1 year;
  4. A mandatory state surcharge of $395 ($400 if the case is in either a Town or a Village Court);
  5. A DMV driver responsibility assessment of $250 a year for 3 years;
  6. Attendance at a Victim Impact Panel*; and
  7. Installation of an ignition interlock device in any motor vehicle that you own or operate during the term of probation or conditional discharge, for a period of 12 months.

Other Potential Costs:

  • Loss of income from job termination;
  • $300 enrollment fee in the Drinking Driver Program**;
  • $200 to $400 for an alcohol evaluation and potentially up to several thousand dollars in counseling depending on the level of treatment recommended by the alcohol evaluation;
  • $35 license reinstatement fee;
  • Increased insurance premium; and
  • Fees for the ignition interlock device in every vehicle you own or operate: approximately $300 for installing per vehicle and approximately $100 per month monitoring per vehicle.

You indicated you have been charged with a Misdemeanor DWI. DWI is a criminal offense, and if convicted, you will have a lifetime criminal record. If you are convicted of DWI as a first offense, you face the following potential consequences:

  1. A fine between $500 and $1,000, up to 1 year in jail, or both;
  2. A 3-year period of probation;
  3. Revocation of your driver’s license for 6 months;
  4. A mandatory surcharge of $395 ($400 if the case is in either a Town or a Village Court);
  5. A DMV driver responsibility assessment of $250 a year for 3 years;
  6. Attendance at a Victim Impact Panel*; and
  7. Installation of an ignition interlock device in any motor vehicle that you own or operate during the term of probation or conditional discharge, and in no event for less than 12 months.

Other Potential Costs:

  • Loss of income from job termination;
  • $300 enrollment fee in the Drinking Driver Program**;
  • $200 to $400 for an alcohol evaluation and potentially up to several thousand dollars in counseling depending on the level of treatment recommended;
  • $35 license reinstatement fee;
  • Increased insurance premiums; and
  • Fees for the ignition interlock device in every vehicle you own or operate: approximately $300 for installing per vehicle and approximately $100 per month monitoring per vehicle.

You indicated you have been charged with a Misdemeanor DWAI Drugs. Like DWI, DWAI Drugs is a crime, and if convicted, you will have a lifetime criminal record. It is critical to note that DWAI Drugs is the same level offense as DWI, but you only need to be impaired — not intoxicated — to be convicted of this offense.

If you are convicted of a Misdemeanor DWAI Drugs as a first offense, you face the following potential consequences:

  1. A fine between $500 and $1,000, up to 1 year in jail, or both;
  2. A 3-year period of probation;
  3. Revocation of your driver’s license for 6 months;
  4. A mandatory state surcharge of $395 ($400 if the case is in either a Town or a Village Court);
  5. A DMV driver responsibility assessment of $250 a year for 3 years; and
  6. Attendance at a Victim Impact Panel*;

Other Potential Costs:

  • Loss of income from job termination;
  • $300 enrollment fee in the Drinking Driver Program**;
  • $200 to $400 for an alcohol evaluation and potentially up to several thousand dollars in counseling depending on the level of treatment recommended by the alcohol evaluation;
  • $35 license reinstatement fee; and
  • Increased insurance premium.

You indicated you have been charged with DWAI-Alcohol. DWAI-Alcohol is a Traffic Violation. If you are convicted of DWAI as a first offense, you face the following potential consequences:

  1. License suspension for 90 days;
  2. A fine between $300 – $500;
  3. A DMV driver responsibility assessment of $250 a year for 3 years;
  4. A surcharge of $255 ($260 if the case is in either Town or Village Court);
  5. Up to 15 days in jail;
  6. Possible enrollment in the New York Drinking Driver Program (DDP)(b) and all the associated costs.

Other Potential Costs:

  • Loss of income from job termination;
  • $300 enrollment fee in the Drinking Driver Program;
  • $200 to $400 for an alcohol evaluation and potentially up to several thousand dollars in counseling depending on the level of treatment recommended;
  • $35 license reinstatement fee;
  • Increased insurance premium.

* Victim Impact Panel: Most people convicted of an alcohol-related offense will need to attend a Victim Impact Panel. This is a program that presents the harm and impact caused by driving while intoxicated. The presentations are generally made by people who have lost friends and/or family members as a result of alcohol- or drug-related accidents.

** Drinker Driver Program (“DDP”): For a post-conviction conditional license, you must be eligible for, and participate in, the Drinking Driver Program (“DDP”), and not have any alcohol convictions within the past 5 years. The DDP is comprised of 7 sessions. These sessions are usually held once a week for 2 to 3 hours. All participants in the DDP may be screened for alcohol and/or drug abuse. If a potential problem is detected, you may be referred for a further evaluation. If such evaluation determines that alcohol and/or drug treatment is recommended, you must complete such treatment before your full driver’s license will be restored.

Refusal to Take Breath Test

If you refused to submit to a chemical test of your blood, the following can be imposed: a $500 fine, a 1-year revocation of your driver’s license, and a Driver Assessment fee of $750 payable to the DMV, spread over three years. However, you are entitled to a hearing at the DMV, to determine whether you had a right to refuse, whether the test was administered properly, and whether you unconditionally refused to submit to the test. The Refusal Hearing is an administrative hearing that is done by the Department of Motor Vehicles and, while related to your case criminal case, it is a separate issue. This hearing includes sworn testimony of the arresting officer.

Why A DWI Guy?

The above information comprises your Case Analysis and outlines your exposure with regard to the criminal charges pending against you. We hope this has been informative and will help you make decisions regarding your case, and your future. For the following reasons, it is our hope that you contact the DWI Guy to discuss the prospect of us handling your case.

It is important to understand that no criminal defense firm can promise you an acquittal or a favorable plea bargain. Making such guarantees is unethical. However, the nature of the legal system is such that the prosecutors’ offices often have enormous advantages over defendants. Because prosecutors possess significant leverage over defendants, many defendants end up negotiating their rights away and signing onto plea bargains that may haunt them for the rest of their lives. Xavier + Associates and the DWI Guy evens the playing field. We will not be intimidated by the prosecution. We will investigate your case and leave no rock unturned because we have the resources to do so. The reality is that most cases are handled outside of the courtroom, at a negotiation table. Plea negotiations are where the skills of Xavier + Associates attorneys truly come into play. We will be your advocate in these negotiations and make sure your rights are defended and interests represented so that when your case is resolved, you can have the peace of mind that anything that could have been done on your behalf, was done.

“Outstanding in this area! Very strong knowledge of the system. As a retired Police Lieutenant, and one who has both supervised and made DWI arrests, it was a pleasure dealing with our attorney. He was clear and concise. After 38 years in the law enforcement business, I know from experience, the level of competence was near the top! Keep up the great work! The DWI machine in New York State is gobbling up many who pay the awful price of conviction due to incompetent representation!” PEOPLE VS. P.B., DELHI, NY

Rest assured that if we decide to work together, and you retain Xavier + Associates to handle your charges, our experienced and skilled team of DWI defense lawyers will advocate for you, and when needed, fight. Our sole mission is to help you move past this incident so that you can get back to what matters most. Just as police officers and prosecutors are trained at one thing, proving your guilt… Xavier + Associates methods are designed to protect your rights and to get the best possible results for you.

 

10 Key Reasons People Retain A DWI Guy

  1. Our attorneys are unique as they examine defenses surrounding forensic toxicology, breath testing devices, accident reconstruction, and Standardized Field Sobriety Tests.
  2. Our customer service team strives to be the best that you will ever encounter. We are always available to help you.
  3. We have one focus: representing people like you who are charged with DWI, whether you are innocent, simply made a mistake, or need someone to protect your rights.
  4. If you need financial assistance, and you qualify, we have options that allow you to pay legal fees over time.
  5. Our focus surrounding DWI allows us access to the resources needed to ensure your DWI charges are handled properly.
  6. We look at cases with a different approach as we focus solely on DWI defense.
  7. We have a team that will work on your case, not just one person because collaboration ensures you the best possible result.
  8. In 2014, we handled thousands of cases.
  9. Familiarity with your District Attorneys office that will be prosecuting you.
  10. We understand that, while this is what we do all day, every day…this is not an every day occurrence for you and we will ensure we explain, communicate and answer any questions you may have throughout the entire process.

Employee Spotlight

Each month, we feature a new employee with our video spotlight. For this month, we asked Sean Kelsey, Director of Operations, to share more about his role. Sean handles the day to day operations of the firm and has a passion for helping others.

“Many times society shun those who have the disease of addiction. Until we as a society can admit that addiction is a disease, and make treatment more easily accessible, affordable and celebrated we will never be able to create a solution to what I believe is a curable disease.” – Sean Kelsey.

Next Steps

We will contact you shortly to discuss these three key benefits we offer our clients.

  1. Financial Assistance: If you need financial assistance, and you qualify, we will explain options that allow you to pay legal fees over time.
  2. Team Collaboration: We explain how our team process works for our clients, not just one person because collaboration ensures you the best possible result.
  3. Your Options: We will take the time to explain, communicate, and answer any questions you may have on your charges, what you’re facing, and what your options are.

Thank you for your time. We look forward to speaking with you.