NYC DUI Defense Lawyer

Arrested for Drunk Driving? We Can Help You Fight Back.

At H. Benjamin Perez & Associates, P.C., we understand the wide range of defense strategies that can be effective in fighting both misdemeanor and felony DWI charges. The first and most important step is to connect with our firm so we can thoroughly review the facts of your case.

Don’t assume your case is hopeless just because your BAC (blood alcohol content) registered at .08% or higher. That reading alone does not guarantee a conviction. A DWI charge can be challenged on several grounds, including:

- Faulty or improperly calibrated breathalyzer equipment
- Police procedural errors
- Violations of your constitutional rights
- Unreliable field sobriety test administration

These issues can result in a reduction or even dismissal of the charges. Our legal team is experienced in identifying these opportunities and using them to your advantage in court.

The Advantage of Choosing Our DUI Defense Attorneys

If your case goes to trial, our skilled NYC DWI attorney will develop a strategic defense aimed at establishing reasonable doubt that you were under the influence while operating your vehicle.

Our law firm is known for being an aggressive legal team that delivers results. With a 10.0 Superb rating from Avvo and having received the 2012 Avvo Clients’ Choice Award, you can feel confident that you've come to the right place for an assertive and effective defense.

How to Defend Against a DUI or DWI Charge

Our legal team has various strategies that could be employed to allow you to walk away without further consequences.

These are some of the strategies that could be effective, based upon the facts in your case:

- Challenge breath, blood and urine tests accuracy or reliability;

- Determine whether the officer had probable cause for the traffic stop;

- Find out if there are any medical or health problems that impact BAC readings;

- Determine if blood alcohol absorption could have impacted the BAC reading;

- Determine if the arrest process was incorrect;

- Determine if the testing unit has a history of faulty readings.

- Review lab procedures, chain of custody and other similar issues.

Penalties for DUI/DWI in New York City

The punishments associated with a DWI conviction are not minor. A first offense can carry a fine of up to $1,000, one year in jail, and a 6-month driver's license suspension. A second or third offense within 10 years will result in significantly higher fines, longer periods of license suspension, and mandatory jail time. Additionally, the charges could be elevated to a felony if you are labeled a habitual offender.

A conviction for DWI has serious consequences, including:

- Permanent damage to your criminal record
- Jail time
- Heavy fines
- Community service
- Hidden costs from increased insurance rates for years into the future

If you have been arrested and charged with DWI, contact H. Benjamin Perez & Associates, P.C. immediately.

Searching for a Lawyer for a DUI in NYC?

We don't take a DUI or DWI charge lightly, and we don’t believe you just need someone in court to hold your hand while you plead guilty.

We are aggressive criminal defense lawyers who are focused on identifying a strategy that could help you avoid a conviction, or reduce the severity of the charges or penalties.

Here are some of the DWI-related cases we handle:

- DMV Refusal Hearings
- DWAI (Driving While Ability Impaired)
- DWAI by Drugs
- DWI Arraignments
- Under 21 DWI

When you’re ready to talk to a real criminal attorney, call us. Our NYC DUI attorney is prepared to fight for you from start to finish, and we are fully on your side.

What should I do if I am pulled over for suspected DUI?

Do´s

Do immediately take out your driver's license, registration and proof of insurance and have these items ready for the officer. By having these things ready, you will not have to search for them in front of the officer, who will be searching for signs of intoxication such as slow movement or clumsiness.
Do speak to the officer calmly and respectfully.
Do cooperate with the officer's basic commands, such as pulling over to a safer part of the road or stepping out of the vehicle.
Do exercise your right to remain silent and say that you want to speak to a lawyer before answering questions pertaining to the alleged DUI offense.
Do contact a NYC DUI attorney as soon as possible.

Dont´s

Don't admit to drinking alcohol, taking drugs or to feeling intoxicated. If you do, this will open the door for the officer to test you for DUI, and your statement can later be used against you in court.
Don't willingly consent to having your vehicle searched. The officer may be able to search your car either way if there is enough probable cause to merit a search; however, you do not want to give permission in situation where a search warrant is actually required.
Don't agree to take any field sobriety tests, as these tests are not legally required and they will just add one more piece of evidence that can be used against you.
Don't refuse to take a chemical test (a breath, blood, urine or saliva test) after arrest unless you are willing to be penalized for doing so.
Don't resist arrest, as this can lead to additional charges.