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DWI & DUI Defense Attorneys – Protecting Your Rights in New York

Peter H. Tilem, Ranked on a 2017 Top DWI Attorneys List

If you have been charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) in New York, you need a skilled and aggressive legal team on your side. At Tilem Law Firm, we specialize in defending individuals accused of impaired driving offenses, ensuring that their rights are protected and fighting to minimize or dismiss charges whenever possible.

Understanding DWI & DUI Laws in New York

New York has some of the toughest drunk driving laws in the country. A conviction can lead to severe penalties, including fines, license suspension, increased insurance rates, and even jail time. The laws distinguish between different levels of impairment, including:

  • Driving While Intoxicated (DWI) – A Blood Alcohol Content (BAC) of 0.08% or higher.
  • Aggravated DWI – A BAC of 0.18% or higher, carrying even harsher penalties.
  • Driving While Ability Impaired (DWAI) – A BAC between 0.05% and 0.07%, or impairment due to drugs or alcohol.
  • Drugged Driving (DUI/DWAI-Drugs) – Driving under the influence of controlled substances, including prescription medications.

Consequences of a DWI or DUI Conviction

A conviction for DWI or DUI in New York can result in serious consequences, including:

  • Fines & Fees – Ranging from hundreds to thousands of dollars.
  • License Suspension or Revocation – Temporary or permanent loss of driving privileges.
  • Ignition Interlock Device (IID) – Mandatory installation for certain offenses.
  • Increased Insurance Premiums – Significant rate hikes that can last for years.
  • Jail Time & Probation – Possible incarceration depending on the severity of the offense.
  • Permanent Criminal Record – A conviction may remain on your record, affecting future job opportunities and background checks.

Refusing a Breath Test in New York

New York has an “implied consent” law, meaning that by driving on New York roads, you automatically agree to submit to a chemical test if arrested for suspected DWI or DUI. Refusing a breathalyzer or chemical test can lead to severe consequences, including:

  • Automatic License Suspension – A one-year suspension for a first offense, with longer suspensions for repeat refusals.
  • Civil Penalties – A fine of up to $500 for a first refusal, and higher for subsequent refusals.
  • Use as Evidence – Prosecutors can argue that refusal indicates consciousness of guilt.
  • No Conditional License – Unlike some DWI offenders, those who refuse the test may be ineligible for a conditional license, making it harder to drive legally.

How Tilem & Associates Can Help

At Tilem Law Firm, we understand that every case is unique. Our experienced DWI and DUI attorneys will:

  • Analyze the Evidence – Reviewing police reports, breathalyzer results, and field sobriety tests for errors or inconsistencies.
  • Challenge the Traffic Stop – Determining if law enforcement had probable cause to pull you over.
  • Fight for Dismissal or Reduction – Negotiating with prosecutors to reduce charges or secure alternative sentencing.
  • Represent You in Court – If necessary, aggressively defending your rights at trial.
  • Address Breath Test Refusals – Challenging improper procedures or unlawful enforcement of implied consent laws.

Defenses Against DWI & DUI Charges

Some of the most effective defenses in DWI/DUI cases include:

  • Faulty Breathalyzer or Blood Test Results – Challenging the accuracy of testing equipment and procedures.
  • Illegal Traffic Stop – If police lacked reasonable suspicion, the case could be dismissed.
  • Medical Conditions or Diet – Certain health conditions and diets can produce falsely high BAC readings.
  • Improper Field Sobriety Tests – Officers must administer these tests correctly for them to be valid in court.
  • Unlawful Breath Test Refusal Charge – If the police failed to properly inform you of the consequences of refusal, this can be challenged in court.

Don’t Let a DWI/DUI Ruin Your Future

A DWI or DUI charge can have long-lasting effects on your career, finances, and personal life. At Tilem Law Firm, we are committed to providing strategic, aggressive defense strategies to protect your rights and minimize the impact of a drunk driving charge.

Contact us today for a free consultation. Let our experienced attorneys fight for you and work toward the best possible outcome in your case.

Client Reviews

Thank you again for discussing my case with today. I can not stress enough how impressed I am with your services as an attorney. You have gone above and beyond the call of duty to attempt to help me. Thank you again and best wishes.

Rob

I am writing to send you my heartfelt thanks for your work on my father’s case. You are a wonderful attorney. I was very impressed by you from our first meeting. I am so grateful we were referred to you. If I can ever be of help in providing a reference or anything else, please let me know.

Joanna

I wanted to first say thank you for everything you have done for me in the last several months. You made this very difficult ordeal in my life less stressful and easier to bear. I am grateful for having you as my attorney and I truly feel that you helped me above my expectations. I appreciate...

W.S.

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