Dutchess County Drunk Driving Defense
Aggressive Defense for DWI, DWAI and Traffic Violations
Charged with driving under the influence of alcohol or drugs? The law firm of Vasti & Vasti, PC will guide you through a confusing and scary process in which the wrong move can have lasting consequences that inexperienced counsel and normal citizens often over-look and do not understand.
|
First offense DWI/DWAI |
Your driver's license |
Criminal defense lawyer Tom Vasti III is well versed in New York's recently amended and harsh drunk driving laws and provides aggressive DWI and DWAI defense. Call immediately at 845-635-8866. Our Pleasant Valley, New York firm represents clients in Dutchess County, Ulster County, Putnam County and the Hudson Valley.
First Offense DWI/DWAI
The earlier you contact an attorney, the better. Although most first offenders will not serve jail time, your driver's license is in jeopardy and there are many other potential penalties: fines, higher insurance, a criminal record, probation, addiction treatment and/or stiffer community service.
Mr. Vasti examines every facet of your arrest for opportunities to get charges dropped, evidence suppressed or to negotiate a plea to a lesser included offense. He also provides advice about proactive steps that may result in leniency, such as getting a voluntary alcohol and/or substance abuse evaluation or treatment while your case is pending.
Your Driver's License
Vasti & Vasti, PC also represents clients in administrative license suspension and/or revocation proceedings, which is a separate process from the criminal charges. Your license can be revoked for 6 months for a first DWI (or suspended for 90 days for a first DWAI). You can apply to the New York DMV for conditional driving privileges even when your license is surrendered at your first court appearance, which allows you to drive to and from work, school and/or medical appointments. If you violate the restricted permit - or are caught driving while your license is revoked or suspended - you can face felony charges and longer periods of license revocation.
Repeat Offenses and Aggravated Charges
A second offense for DWI within ten years of a prior DWI conviction is automatically charged as a felony in New York, and prosecutors will recommend serious jail time. Your license will be revoked for at least one year, and all other fines and penalties increase. A third conviction of DWI within ten (10) years, or a felony DWI resulting in an injury or an accident will almost certainly mean state prison. Contact Vasti & Vasti to avoid the worst.
When the facts are right, Tom Vasti III explores opportunities to get repeat felony DWI charges dismissed or reduced to a misdemeanor. We make the District Attorney prove its case, aggressively challenging the legality of the traffic stop, conclusions from field sobriety tests, validity of blood, breath or urine tests and any other holes in the prosecution's case. If the state has a solid case, we try to negotiate alternatives to jail: house arrest, probation, ignition interlock restrictions or in-patient treatment.
Should I take the breathalyzer test? We always ask four questions: (1) Was anyone killed? (2) Was there an accident? (3) Is this your first offense? (4) How much did you drink? Depending on the answers, we may advise you to refuse the test. Your license will be automatically revoked for six months for refusal, but that may be the least of your worries for a repeat DWI or injuring another person.
College Students / Underage Drivers
Under New York's "zero tolerance" law, if you are under age 21 you can be cited for impaired driving for almost any amount of alcohol or drugs in your system. A conviction or guilty plea has profound consequences for your ability to drive in New York or elsewhere, and puts you at risk of jail or prison if you are ever arrested again for driving drunk. We have represented students of Dutchess Community College, Marist College, Vassar College, Bard College, SUNY-New Paltz, Mount St. Mary's University and the Culinary Institute of America, (C.I.A.).
- A violation of the zero tolerance law results in loss of license for 1 year or until age 21 - whichever is longer
- If your BAC is .05 or greater, you will face full adult charges for DWAI or DWI, including possible jail time.
Mr. Vasti vigorously challenges the facts of your arrest, and explores available programs for underage drivers and first-time offenders to avoid a criminal record and restore driving privileges as soon as possible.
CDL Drivers
Persons who hold Commercial Driver's License, (C.D.L's) are held to a tougher standard than the general public. If a person operates a commercial vehicle after consuming alcohol, then he or she can be charged with DWAI for a BAC between .05 - .08, and will face different fines or jail sentences for BAC levels between .04 - .06 and .06 - .08. Prior law did not allow for CDL licenses to be affected unless the person was operating a commercial vehicle. Under the newer, harsher laws, (that took effect in 12-15-06), CDL licenses can be affected even when the CDL holder is caught driving a non-commercial vehicle in an impaired or intoxicated condition. In such case, a first conviction of DWAI requires a minimum commercial driver's license revocation of one year. A first DWI requires a results in a three year CDL revocation. It is critical to fight a DWI if your occupation depends on a CDL license. Enormous fines, surcharges and jail sentences also hang in the balance.
Traffic Violations
Vasti & Vasti, PC also handles:
- Major traffic offenses such as driving on a conditional, suspended or revoked license, driving without insurance, reckless driving, or hit-and-run charges. We can challenge the charges to avoid jail, suspension and any other harsh penalties.
- Traffic tickets such as speeding tickets or stoplight/stop sign violations. Call us before you pay the ticket — pleading guilty can lead to license suspension or higher insurance rates.
Drunk Driving Charges?
Contact our Pleasant Valley office immediately for a free initial consultation with an experienced DWI and DWAI defense lawyer.
Vasti & Vasti, PC
Serious Lawyers, Serious Representation
