A DUI arrest in NYC can be a frightening and confusing experience. The legal consequences can be severe, impacting your driver’s license, insurance rates, and even your employment. This guide explores how to find the Best DUI Lawyers in NYC to navigate the legal system and protect your rights.
Best DUI Lawyers in New York
If you’re facing a DUI charge in New York City, it’s crucial to have skilled legal representation. Here are some of the top DUI attorneys in NYC for 2024:
Raiser & Kenniff, P.C.
Raiser & Kenniff, P.C. is a well-known law firm in New York City that specializes in criminal defense, including DUI cases. Here are some key points about the firm:
- Experience: The firm boasts over 100 years of combined experience.
- Founders: The firm’s founders are former prosecutors, which gives them unique insights into how to defend their clients strategically in state and federal courts.
- Recognition: Several of their lawyers have been recognized as some of the top attorneys in the United States.
- Client Reviews: The firm has received positive reviews from clients, particularly for their work on DUI cases.
The specific details about their DUI case wins are not publicly available. This is common as legal proceedings are often confidential. However, the firm’s reputation and client reviews suggest a strong track record in handling DUI cases.
James Medows, Esq.
James Medows, Esq. is a highly regarded traffic attorney based in New York, specializing in all traffic and criminal-related matters. Here are some key points about him:
- Experience: James Medows is a second-generation criminal defense attorney-turned-traffic lawyer.
- Specialization: His office handles all types of moving violations throughout New York, including DUI (Driving Under the Influence), DWI (Driving While Intoxicated), and DWAI (Driving While Ability Impaired) cases.
- Recognition: He is one of the top-ranked traffic attorneys in New York with a 10.0 Avvo rating.
- Client Reviews: He has received over 2,000 five-star reviews across Google, Yelp, and Avvo.
- Consultation: He offers a free consultation for potential clients.
Gannes & Musico, LLP
Gannes & Musico, LLP is a reputable law firm based in New York City that specializes in traffic violations, including DUI (Driving Under the Influence) cases. Here are some key points about the firm:
- Experience: The firm has over 20 years of combined experience.
- Specialization: They handle all types of moving violations throughout New York, including DUI, DWI (Driving While Intoxicated), and DWAI (Driving While Ability Impaired) cases.
- Client Reviews: The firm has received positive reviews from clients, particularly for their work on DUI cases.
- Consultation: They offer a free consultation for potential clients.
Marshall DWI / DUI Lawyers
Marshall DWI / DUI Lawyers is a reputable law firm based in Hoboken, New Jersey, that specializes in criminal defense, including DUI (Driving Under the Influence) cases. Here are some key points about the firm:
- Experience: The firm has over 200 years of combined experience defending criminal charges, DWI, and serious motor vehicle violations.
- Team: The firm is composed of a team of 12 lawyers dedicated 100% to criminal defense.
- Former Prosecutors: The firm includes former county prosecutors in NJ who served as Directors of Major Crimes, the Drug Task Force, and even an entire Trial Division.
- Consultation: They offer free consultations for potential clients.
DUI Laws in New York
Driving under the influence (DUI) laws in New York are stringent, and it’s crucial to understand them to navigate potential charges. Let’s delve into the basics of New York DUI laws and the consequences you might face if arrested:
- Driving While Ability Impaired by Alcohol (DWAI/Alcohol):
- If your blood alcohol concentration (BAC) falls between 0.05 and 0.07, or if there’s other evidence of impairment, you’ll be charged with this offense.
- Penalties include a fine of not less than $300 to $500, imprisonment of not more than 15 days, and a one-year license revocation. Additionally, you may need to install an ignition interlock device (IID) for at least six months upon license reinstatement.
- Driving While Intoxicated (DWI):
- You’ll face DWI charges if your BAC is 0.08 or higher or if you have a BAC of 0.04 or higher as a commercial driver.
- The penalties for a first offense DWI include:
- Up to one year in jail
- Up to three years of unsupervised probation
- A fine ranging between $500 and $1,000
- Court fees of about $260
- A driver responsibility assessment of at least $250 per year for three years
- A minimum six-month driver’s license revocation (for adults 21 and over) or a minimum one-year driver’s license revocation (for individuals under 21)
- Installation of an ignition interlock device (IID) for at least one year.
- Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug):
- If impaired by a drug other than alcohol, you’ll be charged with this offense.
- Driving While Ability Impaired By a Combination of Drugs or Alcohol:
- If you’ve consumed multiple impairing substances, this offense applies.
- Aggravated Driving While Intoxicated (Aggravated DWI):
- Charged if your BAC is 0.18 or higher.
- Zero Tolerance Laws for Drivers Under 21:
- Drivers under 21 with a BAC of 0.02 to 0.07 will also face charges.
What Happens When You Are Arrested for a New York DUI?
- A DUI arrest in New York triggers an administrative license suspension if your BAC exceeds the legal limit or if you refuse a chemical test.
- Test refusal results in an administrative suspension due to New York’s implied consent laws. These laws imply that drivers implicitly consent to BAC testing when arrested for DUI.
How to File a DUI Lawsuit in NYC?
In NYC, if you are arrested for a DUI, you’ll face criminal charges and penalties determined by the court system. There is no lawsuit process for a DUI itself. However, there might be situations where a DUI incident leads to a civil lawsuit. Here’s a breakdown of possibilities:
- Being Sued by a Victim: If you caused an accident while driving under the influence and injured someone, the victim could file a personal injury lawsuit against you to recover damages for medical bills, lost wages, and pain and suffering.
- Suing a Bar/Restaurant: New York has Dram Shop Laws that allow individuals injured by intoxicated patrons to sue the establishment that served alcohol to the patron if they knew or should have known the patron was already intoxicated. If you believe a bar or restaurant over-served alcohol that contributed to your DUI arrest, you might consider consulting a lawyer to explore a potential Dram Shop Lawsuit.
How can I find the best DUI lawyers in New York City?
Here are the steps to find the best DUI lawyers in New York City:
- Identify Your Needs: Understand the specifics of your case. This will help you identify what you need in a lawyer, such as experience with DUI cases, a strong track record, and familiarity with the local courts and legal system.
- Online Research: Start by doing a web search for “best DUI lawyers in New York City.” You can also check out websites like Forbes, FindLaw, Business Ideas USA, and Justia, which provide lists of top-rated DUI lawyers.
- Check Reviews and Ratings: Look at the lawyers’ reviews and ratings. For example, “Gannes & Musico, LLP” has a rating of 4.3, and “Law Offices of Robert Tsigler PLLC” has a rating of 4.5.
- Visit Lawyer’s Website: Visit the lawyer’s website to learn more about their experience, areas of expertise, and approach to cases. For instance, you can visit the websites of Gannes & Musico, LLP, “Law Offices of Robert Tsigler PLLC,” and “Raiser & Kenniff.”
- Schedule a Consultation: Most lawyers offer free initial consultations. Use this opportunity to ask questions about their experience, strategy for your case, and fee structure.
- Evaluate Communication: Pay attention to how the lawyer communicates during your consultation. You want someone who listens to you, explains things clearly, and seems dedicated to your case.
- Consider the Costs: Understand the lawyer’s fee structure. Some lawyers may charge by the hour, while others may offer a flat fee for handling your case.
- Make a Decision: After considering all these factors, choose the lawyer who you believe is the best fit for you and your case.
How much does a DUI attorney cost in New York?
The cost of a DUI attorney in New York can vary depending on several factors, including:
- The severity of your charges: A first-time misdemeanor DUI will generally cost less to defend than a felony DUI with multiple offenses or serious injuries involved.
- Your attorney’s experience and reputation: More experienced and highly regarded DUI lawyers typically command higher fees.
- The complexity of your case: Cases involving complex legal arguments, extensive negotiations, or trials will likely cost more than straightforward cases.
Here’s a general range for DUI attorney fees in New York:
- $2,000 – $10,000: This range is common for many misdemeanor DUI cases.
- $10,000+: Complex cases, felony DUIs, or those involving significant potential consequences can reach into this range or even higher.
Payment Structures:
- Hourly rate: Some lawyers charge an hourly rate for the time spent working on your case.
- Flat fee: This is a fixed fee agreed upon upfront for specific services, often covering specific case stages.
- Retainer: This involves an upfront payment that goes towards the lawyer’s fees, with additional charges billed as hours are used.
Finding Out the Cost:
The best way to determine the specific cost for your case is to consult with potential DUI attorneys. Many offer free consultations where they can assess your situation and provide an estimated cost based on their fee structure.
What should I do after a DUI arrest in NYC?
- Do not resist arrest.
- Do not answer questions about your alcohol consumption.
- Politely request to speak with a lawyer.
- Contact a DUI lawyer as soon as possible.
FAQs
What is the difference between a DWI and a DUI in NYC?
In New York, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are essentially the same offense. The terms are used interchangeably, and the legal consequences are the same.
What happens if I refuse a breathalyzer test in NYC?
Refusing a breathalyzer test will result in an automatic driver’s license suspension, even if you are ultimately not convicted of DUI.
How much does a DUI lawyer cost in NYC?
The cost of a DUI lawyer in NYC can vary depending on the complexity of your case and the lawyer’s experience. However, you can expect to pay anywhere from $3,000 to $10,000 or more for a typical DUI case.