An Oswego DWI charge is a serious matter on its own – but the way your Oswego DWI charge is handled could make it worse. Many people think of DWI as being intoxicated while operating a vehicle. Legally, it can be much more complicated than that. It is safe to conclude that not all DWI charges are ‘created equal’. Cliche as it may sound, there are many variable in the DWI laws. The seriousness of a DWI in Oswego County or anywhere in NY can vary based upon many different factors including but not limited to prior record, level of intoxication, an associated accident with injuries or the age of the passenger in the vehicle. There are subtleties in the law that your lawyer must be familiar with if he or she is going to help you. This is just one of the reasons why any Oswego DWI lawyer won’t do – you need to get an experienced Oswego DWI lawyer to help you get the best outcome possible.
Driving While Intoxicated and You are Under 21 Years Old
Age matters and it matters a lot in the eyes of the law in New York State not just Oswego County. In New York, there is a specific offense for drivers under twenty one years old who are charged with DWI. An underage driver who is charged with an Oswego DWI can face additional penalties including an extended period of suspension or revocation. An experienced Oswego DWI attorney understands the additional issues that face an underage driver charged with DWI and can navigate the Court and the New York State Department of Motor Vehicles to help achieve the best outcome possible.
Driving While Intoxicated or Impaired by Drugs with a Child or a Minor in the Car
Recent changes to the New York State DWI laws make it a felony DWI to operate a vehicle while impaired by drugs or intoxicated when there is a passenger under the age of sixteen in the vehicle. An Experienced Oswego DWI Lawyer is familiar with this statute and the potential penalties. An Oswego DWI or DWI anywhere in the state can quickly escalate to a felony if any of the passengers are under sixteen years old. As per the statistics released by the National Highway Traffic Safety Administrator, about 20% of traffic accidents and fatalities that involve children under 15 years old are associated with driving while intoxicated. The risk is much greater to the children than the drivers themselves. The law that covers this case is called Leandra’s Law. According to this law, it is a felony to drive a car when impaired by drugs or in an intoxicated condition when persons under 16 years of age are passengers. As a felony, anyone who is convicted of a Leandra’s Law DWI may be sentenced to state prison, five years of probation and a fine of up to $5000.
An Oswego DWI arrest or any New York State DWI charge can be elevated to a C Felony, even for a first -time offender, if a child passenger sustains serious physical injury. This offense is punishable by up to 15 years in prison. A DWI can be charged as a B Felony is the child in the car dies as a result of impaired driving. This is punishable by up to 25 years in prison.
According to New York Law an Oswego DWI or a DWI anywhere in the state can be charged as vehicular manslaughter if you hit and kill another driver or a pedestrian while driving while impaired by drugs or intoxicated. There are generally three different criminal offenses namely first-degree vehicular manslaughter, second-degree vehicular manslaughter, or aggravated homicide. In an Oswego DWI case or anywhere in New York state there are certain elements that must be present to be charged with vehicular manslaughter. Essentially, There are many factors that can make an Oswego DWI much worse and you need the help of an experienced DWI lawyer who knows these laws and can help you understand the charged against you.
Criminal History or Previous DWI/DWAI Offenses
Like many things in life, the more mistakes you make the graver the risk of recovery. The same holds true for an Oswego DWI or any DWI type arrest. The New York State Department of Motor Vehicles has enhanced penalties for repeat offenders that may result in the permanent revocation of driving privileges. However, the criminal justice system has much more severe punishments for repeat Oswego DWI offenders or offenders anywhere in New York State. Multiple prior convictions can lead to what would normally be a misdemeanor offense being charged as a felony and several convictions within a prescribed period of time can result in even higher level felony offenses being charged. If you or someone you know has been charged with an Oswego DWI case or a DWI anywhere and they have previous arrest for similar offenses, it is crucial that they speak to an experienced Oswego DWI lawyer.