Practice Areas

• Criminal Defense
• DWI
• DUI
• DWAID
• LeAndra’s Law
• DWAI

Protecting Your Rights, Your Future, and Your Freedom

Being charged with a DUI or DWI in New York is a serious matter that can have lasting consequences. If convicted, you may face harsh penalties, including license suspension, heavy fines, increased insurance rates, and even jail time. At The Inniss Firm, PLLC, we specialize in aggressive DUI/DWI defense, leveraging our unique expertise to protect your rights and minimize the impact of these charges on your life.

Experienced Legal Representation

Attorney Randall Inniss, Esq., brings over 22 years of experience in law enforcement as a former New York State Trooper and Investigator, along with 16+ years as a licensed attorney. His deep understanding of police procedures, field sobriety tests, and chemical testing methods allows him to craft powerful defense strategies. He knows how prosecutors build DUI cases and can identify critical weaknesses that may lead to reduced charges or case dismissals.

Understanding DUI/DWI Charges in New York

DUI and DWI charges in New York fall under strict laws designed to deter impaired driving. The legal limit for Blood Alcohol Content (BAC) is:

• 0.08% for drivers 21 and over
• 0.04% for commercial drivers
• 0.02% for drivers under 21 (Zero Tolerance Law)

However, you can still be charged with a DWI even if your BAC is below the legal limit if law enforcement believes you are impaired. Our firm understands these nuances and fights to challenge any evidence presented against you.

Consequences of a DUI/DWI Conviction

A DUI/DWI conviction can carry significant penalties, including:

• First Offense: Up to 1 year in jail, fines up to $1,000, and a 6-month license suspension.
• Second Offense: Up to 4 years in jail, fines up to $5,000, and a 1-year license revocation.
• Third Offense: Up to 7 years in jail, fines up to $10,000, and a multi-year license revocation.

Other consequences may include mandatory alcohol education programs, the installation of an ignition interlock device, and a permanent criminal record.

DUI/DWI Defense Strategies

At The Inniss Firm, PLLC, we analyze every aspect of your case to build a strong defense. Potential strategies include:

• Challenging the traffic stop: If law enforcement lacked reasonable suspicion, we could argue for a dismissal of charges.
• Questioning sobriety test accuracy: Field sobriety tests are subjective and prone to errors.
• Disputing chemical test results: Breathalyzers and blood tests can produce inaccurate readings due to improper calibration or procedural errors.
• Examining police misconduct: Any violation of your rights during the arrest process may lead to case dismissal.

Refusing a Breathalyzer Test: What You Need to Know

New York has an Implied Consent Law, meaning that by driving, you automatically consent to chemical testing if suspected of DUI/DWI. Refusing a breath test can lead to:

• Automatic license suspension for at least one year
• Fines up to $500 (or $750 for repeat offenders)
• Use of refusal as evidence in court

While refusing a test complicates your case, our firm is prepared to defend you against these additional penalties.

Protecting Your Driving Privileges

One of the most immediate concerns following a DUI/DWI arrest is the potential loss of your driving privileges. We work to:

• Request and represent you in a Department of Motor Vehicles (DMV) hearing to challenge your suspension
• Explore options for conditional or hardship licenses so you can continue driving to work or school

The DUI/DWI Court Process

Facing DUI/DWI charges can be intimidating, but understanding the legal process helps alleviate some uncertainty. The stages include:

1. Arrest & Booking: Law enforcement detains you and records your charges.
2. Arraignment: Your first court appearance, where you plead guilty or not guilty.
3. Pre-Trial Motions & Discovery: We investigate evidence, challenge improper procedures, and negotiate for reduced charges.
4. Trial (if necessary): If we cannot secure a favorable resolution, we are prepared to fight in court.

Why Choose The Inniss Firm, PLLC?

• Unique Background: With firsthand experience in law enforcement and legal defense, we offer insights that few attorneys can match.
• Aggressive Advocacy: We challenge every aspect of the prosecution’s case to secure the best possible outcome.
• Personalized Defense: No two cases are alike; we tailor our strategies to your unique circumstances.
• Proven Results: We have successfully defended numerous clients against DUI/DWI charges.

Contact Us Today

If you or a loved one has been arrested for DUI/DWI, do not face this battle alone. The Inniss Firm, PLLC, is ready to stand by your side, protect your rights, and fight for your future. Contact us today for a confidential consultation and take the first step toward your defense.