Liquor License Lawyer : Drunk Driving without License

New York defines impaired driving at multiple levels based on blood alcohol content (BAC) and observable signs of intoxication. Driving while ability is impaired (DWAI) applies when a driver shows signs of impairment but has a BAC below 0.08 percent. Driving while intoxicated (DWI) applies when BAC is 0.08 percent or higher. Aggravated DWI applies when BAC is 0.18 percent or higher. Each level carries different penalties, and a liquor license lawyer in NYC can challenge the accuracy of breath or blood tests used to establish BAC levels.

New York Vehicle and Traffic Law Section 509 prohibits operating a motor vehicle without a valid license. This violation becomes more serious when combined with alcohol impairment. The offense may involve a suspended license, a revoked license, or never having obtained a license. A liquor license lawyer in NYC will examine whether the license suspension or revocation was properly imposed and whether proper notice was given to the driver.

Misdemeanor drunk driving charges are typically prosecuted in New York City Criminal Court, which has jurisdiction over all five boroughs (Manhattan, Brooklyn, Queens, Bronx, and Staten Island). Each borough has its own courthouse and local rules. Felony charges are prosecuted in New York Supreme Court. The specific court depends on where the arrest occurred. For example, arrests in Queens are handled through Queens Criminal Court or Queens Supreme Court. A liquor license lawyer in NYC must understand the local procedures and requirements specific to each borough court.

After arrest, the defendant must be arraigned within 72 hours in New York City Criminal Court. At arraignment, the court informs the defendant of charges, sets bail or release conditions, and assigns a trial date. The prosecution must provide discovery materials including police reports, breath test results, and video recordings. A liquor license lawyer in NYC uses discovery to identify weaknesses in the prosecution case, such as improper breath test administration or faulty field sobriety tests. The local courts in New York City have specific discovery rules that must be followed to ensure all evidence is provided to the defense.

A first offense DWAI conviction results in fines up to $500, up to 15 days in jail, and a mandatory license suspension of at least 6 months. A first offense DWI conviction results in fines of $500 to $1,000, up to one year in jail, and a mandatory license suspension of at least 6 months. Aggravated DWI convictions carry fines of $1,000 to $2,500, up to one year in jail, and a mandatory license suspension of at least one year. When combined with driving without a valid license, additional penalties may apply. A liquor license lawyer in NYC can negotiate with prosecutors to reduce charges or seek alternative sentencing options such as conditional discharge or probation.

A drunk driving conviction can have severe consequences beyond criminal penalties. Professional licenses, including liquor licenses for business owners, may be suspended or revoked. Employment opportunities may be limited, particularly in fields requiring a valid driver license or professional standing. A liquor license lawyer in NYC understands these collateral consequences and works to protect clients' professional interests. In some cases, legal representation can prevent conviction through dismissal of charges or acquittal at trial, thereby protecting professional licenses and employment prospects.

Police must have reasonable suspicion to stop a vehicle and probable cause to make an arrest for drunk driving. If the initial traffic stop was unlawful, all evidence obtained from that stop may be excluded from trial. A liquor license lawyer in NYC will examine police dashcam video and reports to determine whether the stop was justified. Common issues include improper lane changes, equipment violations that were not actually present, or pretextual stops based on the driver's appearance. Additionally, if the arrest was made without proper probable cause, the charges may be dismissed. This defense strategy requires detailed knowledge of New York search and seizure law and local court precedent.

Breath and blood tests are subject to strict procedural requirements and scientific limitations. A liquor license lawyer in NYC can challenge the reliability of chemical evidence through expert analysis and cross-examination of the testing officer. The breath test device must be properly calibrated and maintained according to state protocols. The officer administering the test must follow specific procedures, including a 15-minute observation period before the test. Violations of these procedures can render the test results inadmissible. Blood tests may be challenged based on improper collection, storage, or chain of custody. A liquor license lawyer in NYC may retain toxicology experts to testify about testing limitations and potential sources of error.

Drunk driving cases may involve additional legal issues beyond criminal charges. If the defendant operates a business with a liquor license, the criminal conviction could trigger administrative proceedings. Our firm provides comprehensive representation in both criminal and administrative matters. We also handle related criminal charges such as bribery defense if law enforcement misconduct is alleged. Additionally, understanding liquor liability issues helps business owners protect their interests when facing alcohol-related charges.

• Exercise your right to remain silent and do not answer police questions without an attorney present
• Request a lawyer immediately upon arrest or during interrogation
• Gather information about the arrest location, time, and arresting officers
• Preserve any evidence such as dashcam video or witness contact information
• Contact a liquor license lawyer in NYC as soon as possible to discuss your case

A liquor license lawyer in NYC will conduct a thorough investigation into the circumstances of your arrest. This includes obtaining police reports, video recordings, witness statements, and expert analysis of chemical tests. The attorney will file appropriate motions to suppress illegally obtained evidence and request all discovery materials from the prosecution. Depending on the strength of the evidence and the specific charges, the attorney may negotiate a plea agreement or prepare for trial. Throughout this process, the attorney protects your rights and works toward the best possible resolution of your case.