Queens, New York DUI Defense Attorney

Seek Knowledgeable Guidance from a Former Queens County Prosecutor

Being arrested for DUI is a serious matter. If you are convicted, you will face a number of penalties, including fines, probation, and even jail time. You will also have a criminal record, which can make it difficult to find a job, get a loan, or find housing. If you are facing DUI charges, it is important to get legal help as soon as possible.

At Sean A. McNicholas, P.C., I have extensive experience defending clients against DUI charges. As a dedicated DUI defense lawyer in Queens, NY, I will work tirelessly to protect your rights and fight for the best possible outcome in your case.  

Call (475) 471-1971 or contact me online today to schedule your free initial consultation and learn more about your options in your case.

What Is the Difference Between DUI & DWI in New York?

In New York, the terms “driving under the influence” (DUI) and “driving while intoxicated” (DWI) are used interchangeably. Both terms refer to the act of operating a motor vehicle while under the influence of alcohol or drugs. The specific charge you face will depend on the circumstances of your case.

There are three types of DUI/DWI charges in New York:

• Driving While Ability Impaired by Alcohol (DWAI/Alcohol): This charge is used when a driver is found to be operating a motor vehicle with a blood alcohol concentration (BAC) of .05% to .07%. A DWAI/Alcohol charge is a traffic infraction, not a criminal offense. However, it can still result in fines, a suspended license, and other penalties.
• Driving While Intoxicated (DWI): This charge is used when a driver is found to be operating a motor vehicle with a BAC of .08% or higher. A DWI charge is a criminal offense and can result in fines, probation, jail time, and other penalties.
• Aggravated Driving While Intoxicated (Aggravated DWI): This charge is used when a driver is found to be operating a motor vehicle with a BAC of .18% or higher. An Aggravated DWI charge is a criminal offense and can result in more severe penalties than a standard DWI charge.

What Are the Penalties for a DUI Conviction in New York?

The penalties for a DUI conviction in New York depend on a number of factors, including your BAC, whether you have any prior DUI convictions, and whether anyone was injured or killed as a result of your actions.

The penalties for a first-time DUI conviction in New York include:

• Fines of $500 to $1,000
• Up to 1 year in jail
• License suspension for at least 6 months
• Probation for up to 3 years
• Required installation of an ignition interlock device (IID) in your vehicle

The penalties for a second DUI conviction in New York include:

• Fines of $1,000 to $5,000
• Up to 4 years in jail
• License suspension for at least 1 year
• Probation for up to 5 years
• Required installation of an IID in your vehicle

The penalties for a third DUI conviction in New York include:

• Fines of $2,000 to $10,000
• Up to 7 years in jail
• License suspension for at least 1 year
• Probation for up to 5 years
• Required installation of an IID in your vehicle

If you are convicted of DUI and someone is injured or killed as a result, you will face additional penalties, including increased fines and jail time. You may also be charged with a separate crime, such as vehicular manslaughter.

Understanding the DUI Process: What to Expect

Facing a DUI charge can be daunting, but knowing what to expect can help ease your anxiety. The legal process following a DUI arrest often involves several key steps, and being prepared can make a significant difference in your defense. Here’s a brief overview:

• Arraignment: This is your first court appearance where you will be formally charged. You’ll have the opportunity to enter a plea.
• Pre-Trial Motions: Your attorney may file motions to suppress evidence or dismiss charges, depending on the circumstances of your case.
• Discovery: Both sides exchange evidence, which can include police reports, witness statements, and test results.
• Negotiations: Your attorney may negotiate with the prosecution for a plea deal that could potentially lessen the penalties you face.
• Trial: If a satisfactory agreement cannot be reached, your case may go to trial where both sides will present their evidence and arguments.

Understanding this process can empower you to take proactive steps in your defense. At Sean A. McNicholas, P.C., we guide you through each stage, ensuring you are informed and prepared. Our experience as former prosecutors allows us to anticipate the prosecution's moves, giving you a strategic advantage. Don't face this challenge alone—let us help you navigate the complexities of your DUI case.

Protect Your Rights with a Skilled  Queens DUI Defense Attorney

Being charged with a DUI in New York can have serious consequences, including fines, license suspension, and even jail time. It's crucial to seek the guidance of a knowledgeable DUI defense attorney who can protect your rights and provide a strong defense on your behalf. At Sean A. McNicholas, P.C., we understand the complexities of DUI laws in Queens and are committed to helping our clients navigate the legal process with confidence.

When you choose our firm to represent you, you can expect:

• Experienced representation from a former Queens County prosecutor
• Thorough investigation of the circumstances surrounding your DUI charge
• Strategic defense tactics tailored to your specific case
• Clear communication and guidance throughout the legal process
• Dedicated advocacy to achieve the best possible outcome for your case

Don't face DUI charges alone.

Call Sean A. McNicholas, P.C. Today

My firm can help you protect your rights and your freedom when you are facing such serious charges.

Call (475) 471-1971 or contact me online today to schedule a consultation with a dedicated DUI defense attorney in Queens, NY.