Schenectady DWI Attorney

Law Office of Paul M. Callahan
(518) 621-0111

DWI Lawyer

Protecting Your Driving Privileges after a DWI in Schenectady County

Safeguarding Your Rights After a DWI in Schenectady County

Alplaus • Bellevue • Brandywine • Delanson • Duanesburg • East Glenville • Glenville • Lower Rotterdam • Mariaville • Niskayuna • Pattersonville • Princetown • Quaker Street • Rotterdam • Schenectady • Scotia • Upper Union

If you have been charged with of driving while intoxicated in New York, you need professional legal help and guidance. Without a working knowledge of the court system and New York DWI and DWI laws, you could end up facing severe penalties. Schenectady DWI attorney Paul Callahan helps those accused of drunk driving fight their charges in court. Offering a free initial consultation, Paul Callahan will go over the details of your arrest and go over legal options available to you.

Law Office of Paul M. Callahan
Law Office of Paul M. Callahan
Albany County DWI Lawyer
4886 Western Turnpike
Duanesburg, NY 12056

Call 24/7 (518) 621-0111

  • Former Special District Attorney and Assistant District Attorney
  • Long-term experience in New York DWI law and DWI defense
  • Experienced trial lawyer with notable reputation for success
  • Highly-respected DWI attorney in the legal community
  • Expertly trained in New York DWI defense strategies and in New York drunk driving laws
  • Former Town Justice

Schenectady County DWI attorney Paul Callahan can help make a difference in your case. He will not only provide an aggressive legal defense, he will provide peace of mind during this stressful time by answering your questions and outlining your options.

For help with your case, contact Schenectady County DWI Criminal Defense Lawyer Paul Callahan by filling out the consultation request form to the left or calling (518) 621-0111. The initial consultation is free and your inquiry will be kept confidential.

Penalties of a DWI in New York

A conviction for even a first time drunk driving offense in New York could result in severe consequences and life altering long-term effects. These include paying large fines and court related fees, paying higher auto insurance premiums or losing coverage, attending mandatory probation meetings, being prohibited from consuming any alcohol, performing community service, losing your driver’s license and spending time in jail. A conviction for New York DWI would mean having a criminal record which could impact your ability to find or keep a job opportunities and possibly limit your ability to travel.

Do not leave your future to chance, contact Schenectady County DWI Lawyer Paul Callahan now for immediate assistance.

Schenectady DWI Attorney Paul Callahan

Schenectady DWI Attorney Paul Callahan provides criminal defense with a focus on protecting the rights of those charged with suspicion of drunk driving. He is expertly trained in New York DWI laws and continues to educate himself on current defense strategies, court rulings and scientific studies relating to drunk driving.

Paul Callahan is a former Special District Attorney and Assistant District Attorney, giving him a unique ability to anticipate and counter arguments presented by the prosecution. Schenectady County DWI Attorney Paul Callahan is an experienced trial lawyer with a reputation of excellence and positive results. He is highly respected by his legal peers, and he has developed relationships with many judges and prosecutors in New York. This experience and insight allows him to better present and defend you.

Schenectady DWI Lawyer Paul Callahan is a member of the New York State Bar Association Criminal Section and Former Chairman of the Criminal Law Committee of the Schenectady County Bar Association.

For experienced legal representation, a successful record and personal respect, contact Schenectady County, New York DWI Lawyer Paul Callahan by calling (518) 621-0111 of filling out the free consultation request form to the left. But hurry, time is important when developing a good legal defense and protecting your rights.

DWI

In New York State, if you driving or operating a motor vehicle after drinking alcoholic beverages or taking drugs, you can be arrested. “Operating” does not necessarily mean that police saw you driving, but there ware other facts that may lead them to believe you were driving, or you told the police that you were driving.

The following are possible charges for which you cab be arrested:

      1. DWAI (Vehicle and Traffic Law Section 1192.1)
      This charge usually results when you take a breath test at the police station or a blood test resulting in a reading of .05, .06 or .07 BAC (Blood Alcohol Content) based upon the amount of alcohol in your body.
      THIS CHARGE IS A TRAFFIC INFRACTION.
      2. DWI Per Se (Vehicle and Traffic Section 1192.2)
      This charge results when you take a breath test at the police station or a blood test resulting in a reading of .08 to .17 BAC based upon the amount of alcohol in your body.
      THIS CHARGE IS A MISDEMEANOR.
      3. Aggravated DWI (Vehicle and Traffic Law Section 1192-2-a(a))
      This charge results when you take a breath test at the police station or a blood test resulting in a reading of .19 or higher based upon the amount of alcohol in your body.
      THIS CHARGE IS A MISDEMEANOR.
      4. Aggravated DWI With a Child (Vehicle and Traffic Law Section 1192-2-a(b)
      This charge results when you are arrested for any of the charges listed here except number “1”, ad there is a passenger in the car who is 15 years of age or younger.
      THIS CHARGE IS A FELONY.
      5. DWI (Vehicle and Traffic Section 1192.3)
      This is the most common charge resulting when the police believe you have consumed enough alcohol to be intoxicated. You can be arrested even if there is no breath test or blood test.
      THIS CHARGE IS A MISDEMEANOR.
      6. DWAI Drugs (Vehicle and Traffic Section 1192.4)
      This charge results when the police believe you are impaired by a drug which is a controlled substance. This controlled substance can be a prescribed medication, or a street drug such as marijuana, cocaine, heroine, etc. You can be arrested for this even if your there is no urine or blood test.
      THIS CHARGE IS A MISDEMEANOR.
      7. DWAI Drugs and Alcohol (Vehicle and Traffic Section 1192.4-a)
      This charge is quite confusing and is rarely used since the law is not clear if it means any drug or a controlled substance drug.
      THIS CHARGE IS A MISDEMEANOR.

Please note that if you been convicted of any of these charges, except for number “1”, within the last 10 years, then any new charge will be a felony. The 10 year period is from the date of conviction of the old charge to the date of arrest for the new charge.

SUSPENSION PENDING PROSECUTION

IF YOUR BREATH TEST IS .08 OR ABOVE, OR YOU HAVE A PRIOR CONVICTION FOR ANY OF THE CHARGES PREVIOUSLY LISTED WITHIN THE PAST FIVE (5) YEARS, the State of New York requires a Court to suspend your driver’s license or privilege to drive in New York State if you have an out-of-state license while your case is pending. This suspension time will not be credited to any suspension or revocation by DMV after your case is completed. If you have been currently charged only with DWAI (Vehicle and Traffic Law Section 1192-1) this suspension does not apply.

Your attorney may request a hearing before the Judge decides if your license should be suspended.

If the Court should suspend your license, you may request a hardship license from the Court if you don not have a prior conviction as stated above, within five (5) years. This hardship license allows you to drive to and from your work, school and medical treatment. Thirty (30) days after this suspension, you may be eligible for a pre-conviction conditional license from DMV. The cost of the conditional license is $75.00. Conditional licenses are explained later.

If you are convicted of one of the charges listed above, there are many possible consequences:

  • fines and surcharges
  • attendance at a Victim Impact Panel (VIP), one-night session for a fee
  • driver’s license suspension or revocation
  • possible increase in auto insurance
  • possible jail time and/or probation
  • ignition interlock in any vehicle you drive for a period of time if convicted of charges 2, 3, 4, or 5 above
  • attendance at a Drink Driver Program, one 2-hour-session per week for 7 weeks at a cost of $225
  • loss of employment
  • civil assessments and fees by DMV at a minimum of $250/yr for 3 years
  • conditional license, if eligible at $75
  • loss of pistol permit or New York State issued licenses, such as security officer, liquor license, real estate, and professional license
  • suspension of CDL license for one (1) year for first offense and consequences to school bus and taxi drivers

At the conclusion of your case, if you are convicted of any of the charges listed above, the Court will suspend or revoke your license. If your driver’s license is valid, except for any suspension from this same charge, the Court may stat the suspension or revocation of your driver’s license for twenty (20) days. During that twenty (20) day period, you may drive without any restrictions.

During the twenty (20) day period, you must make arrangements for the ignition interlock if ordered by the Court, and visit a DMV office to sign up for the Drink Driver Program/School and to obtain a Conditional License. The Drink Driver Program is held in every county and you must visit the DMV office in the county where you want to attend the school.

If you are eligible for a conditional license, the DMV office will issue you that license for a fee of $75. That conditional license allows the following:

  • driving to and from work, school, motor vehicle office, alcohol or drug programs or probation office
  • driving during work hours for employment (this may not apply for a pre-conviction Conditional License)
  • driving to and from medical appointments for driver and members of household
  • driving to and from child’s daycare or school

Once the 7 week Drink Driver School is completed, DMV will determine if your driver’s license will be restored unless you are under 21 years of age.

If you are accused of refusing a breath, blood or urine test, the court will suspend your driver’s license for 15 days, or until a refusal hearing is held. The Court will give you a notice of the date, time and place of this hearing, which will be held in a location different from the Court. The hearing will be conducted by an Administrative Law Judge for DMV, and is separate from your Court case. If the Administrative Law Judge rules that you refused to take the test as requested by a police officer, your license will be revoked for one (1) year, and a civil penalty of $750 must be paid to DMV. Discuss your attorney how the refusal relates to your Court case.

DWI Attorneys
Law Office of Paul M. Callahan
Albany County DWI Lawyer
4886 Western Turnpike
Duanesburg, NY 12056

Call 24/7 (518) 621-0111

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