Criminal Defense & DWI Attorney

Serving WNY for over 15 years

DWI Attorney
Serving Buffalo, Tonawanda, NY & Beyond

Due to the severity of DWI penalties and the difficulty in winning DWI cases, it is essential to select an experienced DWI attorney, like the ones at Muscato & Shatkin LLP, who will provide you the highest level of representation possible to obtain the best result.

With over 15 years of experience, our team of DWI attorneys will work tirelessly on your DWI and criminal defense case. We are proud to represent those throughout the West Seneca, NY; Cheektowaga, NY; Hamburg, NY; Orchard Park, NY; Tonawanda, NY; and Lancaster, NY areas. Please feel free to contact our Buffalo, NY office today to schedule a consultation and start building a strong defense.

Legally, What’s Considered Drunk Driving in New York State?

Under New York law, driving while intoxicated (DWI) or driving under the influence (DUI) has three meanings:

  • Driving with any amount of alcohol in your system that impairs your driving in any way.
  • Driving with an alcohol level of .08 or more in your system. You can still be guilty of this offense even if you are showing no impairments in your driving.
  • Driving with drugs in your system, no matter the amount of the substance, and your driving is impaired.
While it may take one person 3 drinks to get to a .08 alcohol level, it’s not the same for everyone. Your alcohol content depends on a number of factors, including your weight.

What Happens If a Police Officer Pulls You Over?

A police officer must have a reasonable suspicion based on something unusual that is observed through your driving. During the holiday seasons, police officers can set up field sobriety checkpoints where they check every driver who goes through the checkpoint.

If you are stopped by the police, the officer will ask that you step out of the car and instruct you to perform a series of field sobriety tests, like reciting the alphabet, closing your eyes and bringing both index fingers together, walking a straight line, standing on one foot for a few seconds, or picking up a coin. Along with these tests, some officers have a breath meter that you blow into, or they could shine a light into your eyes to test your pupil reaction. If the officer doesn’t believe that you’ve completed the sobriety tests to satisfaction, they will tell you that you’re under arrest for driving while intoxicated. You will then be handcuffed, searched for weapons, placed in the back of the cop’s car, and taken to jail for further tests. These tests include the blood alcohol test that determines exactly how much alcohol is in your system through either a blood test, breath sample, or urine sample. You should be given a choice between which test you’d like to take. Once in jail, you’ll be booked and held there until you post bail or until a judge releases you. Upon your release, you should make reaching out to a knowledgeable and experienced DWI attorney one of your first priorities. Muscato & Shatkin LLP provides represenation for DWI cases in Cheektowaga, Hamburg, Orchard Park, West Seneca, and the surrounding WNY areas.

Penalties for Drunk Driving in WNY

Drunk driving can have severe penalties. For a conviction for a first-time DWI misdemeanor, the maximum possible penalties the court could impose are:

  • A fine between $500 and $1,000, up to 1 year in jail, or both
  • A probation period of 3 years
  • A mandatory retraction of their driver’s license or revocation of privilege for at least six months
  • A mandatory surcharge of $110
  • A mandatory crime victim assistance fee of $10
  • Discretionary imposition of a requirement that the defendant attends at least one session

Give yourself the best odds at the best possible outcome for your drunk driving charge by working with the experienced DWI attorney at Muscato & Shatkin LLP! Contact our office today to discuss your unique situation and schedule a consultation today.