DWI/DUI Arrest

Proven Defense in Thousands of Resolved Cases

Did You Have A DWI/DUI Arrest In New York Or New JERSEY?

If you, a loved one, or friend is facing a first DWI or if you have had multiple offenses, that initial call you make to The Kugel Law Firm is crucial for the success of your DWI defense.  During that call we will listen intently as you describe the details of your arrest while they are fresh in your mind.  We want to capture your recollection of the way you were treated by the arresting officer and other facts while you are still under stress and probably on an adrenaline high.  These details will provide clues as to how we will prepare your case.

We understand your difficult situation; we know that you are nervous and living in fear of the possible penalties you may face.  But there is no need to panic.  We are confident that we can relieve your anxiety not only by demonstrating our legal knowledge, but by conveying to you our compassion and sympathy through caring emotional support.  Our promise is to work closely with you to plan your defense.  Together we will calmly, diligently, and tirelessly address the charges against you to achieve a favorable and positive resolution of your case.

“Hiring Rachel was one of the best decisions I’ve ever made, and if you are feeling scared or hopeless about your DWI, there is no doubt in my mind that she is your solution.”  Gabe Z.         

The Kugel Law Firm has many years of experience representing individuals charged with DWI and other-alcohol related charges.  As your defense attorney, we will help you navigate the legal system, understand your rights, and plead for a result that will ensure that you avoid years of financial and legal struggles.  We believe that everyone deserves a fair hearing.  You can count on us to refute vigorously any and all arguments by the prosecution.

As we tackle the specific allegations for which you have been charged, we will activate our entire The Kugel Law Firm team of professionals to aid in the preparation of your defense.  For example, our private investigators will search for and review video, audio, and email evidence to support our defense strategy.  Both our investigators and attorneys will interview witnesses to extract the most intricate details embedded in the circumstances of your arrest.  Each member of our team understands that cases are often won by uncovering minute details that are not likely to be found by a prosecutor who most likely is overwhelmed by a heavy case load.  Our legal team also includes paralegals and legal assistants who are indispensable to our mission of providing the best legal defense for our clients.  The paralegals and legal assistants on our team provide support to our attorneys by doing research to find previous cases with issues similar to those underlying your case.  Paralegals also prepare motions which are requests to the judge to make a decision on an aspect of a case.  A motion might be, for example, a request to dismiss your case for lack of probable cause to arrest you.

At The Kugel Law Firm, we take courtroom proceedings very seriously because it is in the courtroom that our clients come in contact with those actors who determine their future.  Thus it behooves us to educate ourselves on courtroom rules which vary by location.  There are many stated and unstated rules of conduct for attorneys and their clients.  We pride ourselves on our knowledge of courtroom practice, and we believe that such knowledge gives us a leg up when we represent you before the judge.  We know the rules of the court where your case is being heard.   Although it may sound trivial, proper courtroom behavior and etiquette may determine whether a case is won or lost.  Courtroom formalities and judges can be intimidating.  So, before setting foot in the courtroom where your case is being heard, we review general courtroom rules and those rules peculiar to your assigned court. At The Kugel Law Firm, we carefully prepare our clients to ensure that they do not make common courtroom mistakes.

Finally, we take pride in our constant efforts to communicate with our clients.  We are available at all times including nights and weekends.  Never does a phone call, email, text, or letter go unanswered.  When we communicate with clients, we listen intently for small details that might give us an edge when we present their case at the DMV hearing and in court.

DWI Laws, Penalties and Restrictions Explained

Our goal at The Kugel Law Firm is to secure for our clients the least possible penalty as we argue on their behalf in the courtroom.  But one of the first questions asked by potential clients is, “What penalties am I facing and, with your help, what is the best outcome I can expect?”  Of course, we strive for complete dismissal of all charges.  But often we must accept a negotiated settlement with minimum penalties to avoid jail time or large fines.  So it is important to understand the penalties associated with the various DWI charges.  Penalties for DWI offenses depend on age, license type, and previous convictions.  They vary from required attendance at DWI school to lengthy jail time.  In the following pages, we will outline some of the key points clients need to know about the penalties for specific DWI offenses.

Admin per se Penalties:  In DWI cases, penalties are immediate.  When you are pulled over for suspicion that you may be driving while intoxicated, your license will be confiscated on the spot.  The officer will give you a temporary license good for 30 days.  All that is necessary for seizing your license is the arresting officer’s belief that you were driving with a BAC of .08% or higher.  Your license will also be suspended immediately if you refuse to take a chemical test when arrested.  Above, Under Step 2 of the section entitled “Important First Steps to Take after a DWI Arrest,” we have explained the urgency of scheduling an Admin Per Se hearing within ten days of your arrest.  Here we will explain the penalties which can be ordered by the DMV following a DWI arrest.

DMV penalties differ according to various circumstances, including number of previous DWIs, refusing to submit to a blood or breath test, age of the driver, etc.  For a first time DWI offender, the Admin Per Se Law directs the DMV to suspend the license, for four months, of a person arrested for driving with a BAC of .08% or higher.  During the ten day period after your arrest, you schedule that all-important DMV hearing described earlier.  This is the time that you sit down with Rachel Kugel and her team at The Kugel Law Firm to plan your argument to fight the suspension.  There are many arguments that can be used at this stage of your DWI case and we will review them to determine the best ones to use.  Remember, though, that the DMV hearing is not your trial, but it is important because it provides an opportunity for your defense team to request the appearance of your arresting officer.  By questioning the officer, we will get an idea of his or her recollection of the specifics of your arrest.  Having such information on record will allow us to compare the officer’s statements at the hearing with his or her statements at trial.  We will focus on challenging the officer’s claim that there was probable cause to stop you in the first place.  We will also question the procedures used in the field sobriety tests administered at the arrest site.  The purpose of the Admin Per Se hearing is, of course, only to fight the license suspension.

The DMV has the authority to suspend the license for one year if a first time offender refuses to take a chemical test.  The penalties for second and third offenders are two and three years respectively.

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