19 Years of Experience
Depending on your case, there are many strategies we can use to fight your DWI charges. Call me at 716-656-7676 and seek the representation of an experienced DWI lawyer.
Your Driver's License could be suspended the first time you appear in Court. Be sure to hire an attorney for the first court appearance.
It is important that you are aware of your options when charged with a DWI. I offer a free consultation to discuss your case.
After reviewing the specifics of your case, I can determine the best defense strategy, and the chances of success.
If you or a loved one has been arrested for a DWI in the Buffalo NY area, you are at the right place. Stephen K. Underwood, has the knowledge and experience needed to defend you and achieve the best possible outcome with your case. Call 716-656-7676 and discuss your case because being convicted of a DWI is a serious criminal offense. I understand the seriousness of a DWI arrest and the embarrassment, shame, and stress that often accompanies it. You can relax knowing that I am fighting your case and helping protect your rights. Generally my goal as a DWI criminal lawyer is to get your case dismissed for an unconstitutional stop or for other constitutional violation. Sometimes, however, this is not possible and I will focus on reducing the DWI charges to a lesser offense to reduce the financial and criminal penalties that stem from your arrest.
The following is a list of FAQ's that first time offenders often ask me after they have been arrested for DWI in Erie County NY, and need the help of an experienced DWI lawyer. It is critical that you take action fast and hire an attorney before the the first court appearance so your rights can be protected.
If you take the breath test when you are arrested, and you have a BAC of .08 or more, the Court will suspend your driving privileges pending prosecution at the first court appearance. You can in some circumstances get a hardship license so you may drive to work or school or to doctor's appointments.
If you refuse the breath test or blood test, the Department of Motor Vehicles will conduct a Refusal Hearing to determine whether you in fact refused the test. If the Administrative Law Judge (ALJ) finds that you did in fact refuse the test your license will be revoked for 1 year for a first time refusal
Among other penalties, first time offenders can face jail time up to one year, fines of $500 to $1000, installation of an ignition interlock device for 1 year, and a 6 month revocation of your Driver's License.
Yes. Drivers may be eligible for a Pre-Conviction Conditional License, or a Post-Conviction Conditional License, so long as they are eligible to participate in the Drinker Driver Program (DDP).
Driving While Intoxicated is an unclassified misdemeanor, and is a crime, whereas Driving While Ability is Impaired by Alcohol is a violation of the law and is not criminal. DWAI is sometimes offered as a plea bargain for DWI, and a conviction for DWAI does not require the installation of an ignition interlock devise, and your license is suspended rather than revoked.
The short answer is Yes. DWI is a very complicated area of criminal law, and you will need an experienced DWI lawyer to guide you through the process, and protect your rights. You should hire a lawyer for the following reasons: a) The STOP by the police may have violated your Constitutional rights, b) Statements you made to the police may not be admissible in Court for Constitutional reasons, c) The police may have entered your home to make an arrest violating your Constitutional rights, d) The DWI defense requires knowledge of the rules of evidence regarding admissibility of technical and scientific evidence e) A conviction for DWI may cause you to be sentenced to jail or imprisonment, f) A conviction for DWI will cause your Drivers License to be suspended or revoked, g) A conviction for DWI will seriously impact your Commercial Drivers License (CDL), h) A conviction for DWI may result in huge fines and fees, i) An arrest or conviction for DWI may harm your reputation and your ability to keep your job, j) A conviction for DWI may impact your voting rights or the right to own a firearm, k) A conviction for DWI may cause your insurance rates to increase.