An Experienced Attorney To Help You Fight DWI Charges

The Law Office of Jack Kotchick in Binghamton helps people who have been charged with DWI or DWAI. Our firm is led by our lawyer, Jack Kotchick, who has over 30 years of criminal law experience. We understand how important your license is to you and will do everything we can to protect it.

Many of our clients are concerned about their ability to fight their drunk driving charges. On this page, we provide basic details about the various aspects of DWIs in New York and what our firm can do to help you.

Should You Take A Breathalyzer?

When we begin building your defense, we look at the particulars of your case. Often, people stopped by police refuse to take a breathalyzer, as they do not want to give police the opportunity to measure their blood alcohol content (BAC).

There is no simple or correct answer as to whether or not you should submit to a chemical test, as each situation is unique and it depends upon many factors such as whether or not there was an accident involving serious injury or even death, whether you've had a prior DWI conviction, if you are a CDL driver or if you know for certain that your results will be above the legal limit. If you are being asked to submit to a chemical test, request to first speak to an attorney and contact our office immediately. We are available 24 hours a day, seven days a week.

If you do consent to the test, registering a BAC of .08 percent or above does not preclude you from building a defense to the charges. There are still things you can do to fight back. If you refuse a breathalyzer or chemical test, your license can be revoked under New York's implied consent law.

This means that you may lose your license for one year after a "refusal hearing" held at the Administrative Offices of the Department of Motor Vehicles unless you can prove that there was no probable cause for the officer to request the test (or for the officer to believe that you were under the influence of alcohol or drugs while driving, that the test provided invalid results, that the stop was invalid, or that there was a valid reason that you refused to take the test.

Should You Consent To Field Sobriety Tests?

Field sobriety tests are also used by officers. What many individuals don't understand is these tests can also be refused. While refusal of the field sobriety tests may still result in an arrest for DWI, police will have less direct evidence to use to support their claims that the motorist was impaired at the time of the stop.

No matter what happened in your traffic stop, know that there are things we can do to help you protect your rights. We will review your case and provide you with our candid assessment of what we feel would be the best possible defense strategy based on your current situation.

Penalties For A DWI Conviction Are Severe

A DWI conviction in New York is costly. For a first offense, drivers face the following penalties:

  • The loss of your license for at least six months
  • Incarceration for up to one year
  • Probation for up to three years
  • Fines that range from $500 to $1,000, plus court surcharges of up to $400
  • Costs for ignition interlock installation and monitoring, which can exceed $1,000
  • NYS DMV driver responsibility fee of $250 a year for three years
  • Revocation of your vehicle registration for up to six months
  • The possibility of a year in jail

If you have other traffic violations or prior drug/alcohol-related convictions on your record, the state may really crack down on your driving privileges, revoking your driving privileges for a number of years. The DMV may even impose a lifetime revocation of your license if you have had two drug or alcohol-related convictions involving accidents with injuries (even if you are the one that was injured.)

In addition to these penalties, your license will likely be suspended pending prosecution, which is why it is important for you to retain an experienced DWI attorney before your first court appearance. You will want to discuss your eligibility for a hardship or conditional drivers license with your attorney.

Why Turn To Us For Help

DWI defense lawyer Jack Kotchick served as prosecutor before opening his defense firm. Mr. Kotchick handled all alcohol-related offenses that happened at the felony level, giving him extensive experience into these types of cases.

Using this knowledge, Mr. Kotchick will prepare a defense that minimizes the evidence that police have against you, while exploring any opportunities to reduce the charges you are facing. If your case cannot be resolved prior to a trial, he is willing to advocate for you in the courtroom.

Schedule Your Free Consultation For Aggressive Representation

Contact our law office by calling 607-821-0551 or send us an email to arrange a time that works for you.