First-Time Offenders

Common Misconceptions About First-Time Drunk Driving Arrests

Many first-time offenders have the mistaken belief that their first DWI is not a big deal. The state doesn't see things that way, and neither should defendants.

Potential for Incarceration

Criminal defense attorney Raymond D. Sprowls frequently speaks to clients who are shocked to learn that they could go to jail for a first-time drunk driving arrest. It's true. A first time offender can be sentenced to up to one year in jail. If your drunk driving arrest leads to conviction on any charge, you will lose your driver's license.

In addition to the possibility of incarceration and license suspension, first-time offenders face heavy fines and DMV surcharges that will run into the thousands of dollars. Insurance points will be assigned to your driving record, making auto insurance more expensive — if you are able to get it.

An Uncertain Future

A DWI conviction puts your future at risk, as well. You are that much closer to a potential felony DWI. If a second drunk driving arrest results in a conviction within the next 10 years, you will be incarcerated. The sentence can be up to five years in prison.

Luckily, an experienced criminal defense attorney can work to lessen the negative consequences of a drunk driving arrest. Mr. Sprowls has successfully defended people charged with drunk driving for the first time throughout the Hudson Valley area.

Legally Drunk Is Different From Feeling Drunk

People facing a drunk driving charge for the first time often do not understand what drunk driving means. They'll say, "I wasn't drunk. I only had six or eight beers." Legal intoxication is based on whether your blood alcohol content (BAC) is over .08 percent, not on an individual's perception of drunkenness. Depending on your weight and height, that could be as little as two drinks.

Putting It in Perspective

First-time drunk driving defendants are often misinformed about their rights and the responsibilities of law enforcement. They may seize on a fact that is irrelevant to the case. For example, one client assumed that, because the trooper wasn't wearing his hat, the case could be thrown out of court.

Mr. Sprowls will put it all in perspective for you. He will clearly explain the law, the legal process and the options available to you, so you can make an informed decision about your case.

Call Toll free: 866-323-1462

If you have been charged with drunk driving, please contact criminal defense lawyer Raymond D. Sprowls. To schedule a free, in-office consultation, call toll free: 866-323-1462. He represents clients charged with drunk driving offenses throughout New York's Hudson Valley.

Recent Case Results

November, 2009:
Two men were arrested in a car after police claimed they had seen the driver (Mr. Sprowls’ client) throw a quantity of cocaine out the window and on to a city street. At a pre-trial suppression hearing, Mr. Sprowls successfully argued to the judge that the evidence should be suppressed. Once the evidence was suppressed, the D.A. had no choice but to dismiss all criminal charges. The defendant ended up pleading guilty to a speeding ticket!
October, 2009:
A few months after Mr. Sprowls’ client was arrested during the execution of a search warrant, Mr. Sprowls got the felony charges dismissed. The defendant had been found inside an apartment with prescription pills, marijuana, cocaine, and drug paraphernalia in the room next to where the defendant was standing. Mr. Sprowls used his extensive knowledge of search and seizure law and the facts of the case to convince the D.A. that the case could not be proven against his client and persuaded the prosecutor to dismiss the charges.
August, 2009:
The police arrested two boys and charged them with felony Criminal Mischief, claiming the boys had caused damage in excess of $500.00 to a local municipal park. The boys denied the charges. The end result? Mr. Sprowls got the case dismissed in exchange for the boys’ promise each pay only $100.00. The moral of the story? Never accept the word of the police as truth -- they lie and exaggerate just as much as anyone else.
August, 2008
Two men were arrested and charged with Burglary in the Third Degree, a Class D felony. Mr. Sprowls' client had just finished serving 22 years in state prison and was on parole.

Within five weeks of the defendant's arraignment, Mr. Sprowls got the case dismissed and the defendant is a free man.
March, 2008:
A high school-aged boy and four of his friends were arrested and charged with multiple felonies, including Burglary in the First Degree and Criminal Possession of a Weapon in the Third Degree. If convicted of the Burglary Charge as an adult, Mr. Sprowls’ client could have been sentenced to anywhere between 5 and 25 years in state prison. In October, 2008, after extensive investigation and interviews with witnesses, Mr. Sprowls got the case dismissed and his client’s bright future remained intact.
February, 2008
Five people were arrested in a commercial establishment during the execution of a search warrant. The store was a "weed spot" and had been selling to a steady stream of customers for months.

Mr. Sprowls' client was in the common area of the store when the police entered and no marijuana was found on his person.

Within a month of his arrest, Mr. Sprowls got the case against his client dismissed.
December, 2007
Two men were arrested in the City of Newburgh and charged with multiple Class D Felonies, including Grand Larceny in the Third Degree and Criminal Possession of Stolen Property in the Third Degree. Mr. Sprowls' client had a lengthy criminal record going back over thirty years with a prior felony conviction. The D.A. was out for blood and insisted that the two men would go to state prison for these crimes.

Of course, Mr. Sprowls could represent only one of the defendants. After investigating the case and researching the applicable law, Mr. Sprowls advised his client to refuse all plea offers and to remain ready for trial.

The co-defendant was subsequently indicted and his case was transferred to County Court where he is looking at a state prison sentence.

Mr. Sprowls' client is now a free man. Because Mr. Sprowls knew the law and the facts of the case, all of the charges were dismissed and the defendant is home with his family.