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Law Offices of Jonathan Kaye

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DWI Defense - Building A Case

Defending a client for a DWI requires extensive knowledge and experience in DWI law. Each case is different and requires a different defense strategy. DWI defense is based on many factors such as the circumstances, details of the case, blood alcohol limits, is the client a first time offender or multiple offender and more. For a first time offender the strategy is going to be different then a multiple offender. The strategy for a BAC of .08 is going to be different then a BAC of .20. Jonathan Kaye has prosecuted hundreds of DWI cases as a NY Assistant District Attorney and hundreds of cases as a private defender. His knowledge and expertise helps him develop the right strategy for each of his clients.

Getting All the Facts
A DWI defense begins with gathering all of the facts, starting with the clients recollection of what happened the day of the arrest. We will need a complete summary beginning with the first drink and ending with the last contact with the arresting officer. Our next step in the fact gathering process will be to try and obtain a copy of the criminal complaint to get the perspective of the arresting officer. Once we have all the facts we can determine if we have a strong case or a weak one.
First, we will want to determine if any search and seizure issues exist. We will want to know how contact from the arresting officer was initiated. Was the stop initiated by a traffic violation or an automobile equipment malfunction such as a brake light? Was a field sobriety test performed? If a field sobriety test was performed, was it performed well or otherwise? We will want to know if the arresting officer asked if you had any cocktails and if so what was your exact response? Were you asked to take a breathalyzer test? If you were asked to take a Breathalyzer test, did you take or refuse it? At what time in the arrest did the officer ask you to take the breathalyzer test. These are examples of the fact gathering process. 

Building a Case
After analyzing all of the facts we will determine the best way to defend the case. If there was a search and seizure issue such as listed above and we have a strong case we will try to get the case thrown out or at the very least have it weakened. If we don’t have a strong case we opt for a pretrial mitigation plan. The pretrial mitigation plan for a first time offender who blew a .09 will be different then a pretrial mitigation plan for a second time offender who blew a .19. Clients should know that a mitigation plan can substantially help the outcome of their case. However, they need to fully understand their situation and realize what is needed, including facing their alcohol issues and taking necessary measures.  

Post-Conviction Plans
Regardless if there is a good chance of conviction or not, plans need to be made for the client being convicted. While no client wants to consider the possibility of conviction, it’s our job to have options in such a situation.  Options include alternative sentencing such as restrictive driver’s license, installing an ignition interlock device, weekend jail time, work release, home incarceration and other alternative sentencing options.

No matter your DWI situation, there is a good chance that Jonathan Kaye has defended a similar case as yours. Try calling Jonathan Kaye now on his mobile number: (516) 790-6618. It’s the only call you need to make.    

NY DWI Laws - Age 21 & Older

Below are the fines and sentences for a convicted DWI. Our goal is to get them weakened or dismissed.
1st DWI Offense - Misdemeanor

Fine min $500 - max $1000, Jail up to 1 year
Minimum 6 month revocation

2nd DWI Offense(within 10 years) - Class E Felony

Fine min $1000 - max $5000, Jail up to 4 years
Minimum 1 year revocation

3rd DWI Offense(within 10 years) - Class D Felony

Fine min $2000 - max $10000, Jail up to 7 years
Minimum 1 year revocation