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DWI/DWAI: One of the most common charges that the everyday law-abiding person receives is a DWI/DWAI (Driving While Impaired / Driving While Ability Impaired). A DWI is a felony or misdemeanor charge depending on the circumstances while a DWAI charge is a violation under the law. These charges are not crimes of intent and in fact, most people who receive this charge do not even realize that they are intoxicated, which is not a defense to the charges.
At the Law Office of Kelley M. Enderley, PC we have been handling DWI matters for more than 16 years and constantly are continuing our knowledge of this changing area of the law and being cognizant of the nuances of each individuals case that can create potential defenses and arguments to the prosecutor/court. This is why we are the criminal law attorney Dutchess County, NY chooses for their legal needs.
Have questions about your case? We are here to listen. Contact our law firm today for a free phone consultation. No matter what the Breathalyzer says, we are confident we can help you beat this or limit the DWI (DUI) penalties.
Facing DWI Charges?
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(845) 234-4180
"Wonderful experience during a trying time."
- Shaun Schmand, Google Reviews
Trial lawyer Kelley M. Enderley has handled the full spectrum of DWI cases, from first-time DWI offenders and underage drivers who are attending local colleges and universities to repeat DWI offenders and out-of-state drivers.

She is familiar with the tough enforcement and harsh penalties for driving while intoxicated in New York, but she is also knowledgeable about viable DWI defenses and navigating clients through the local courts. She can also work to help you avoid how these points may affect your driving record if you hold a New Jersey driver’s license.
Upon receiving a DWI/DWAI an individual license is suspended by the Court and arguments need to be made for hardship licenses to be issued while a case is pending when applicable. These charges can affect an individual's ability to work for certain organizations, particularly when an individual drives an employer’s vehicle. Furthermore, individuals are at risk of jail time, probation, and potentially thousands of dollars of fines and DMV fees. As an experienced DWI attorney, I have closely worked with clients to determine the defenses in their case and to work toward a resolution that will save licenses and minimize the collateral damage that a DWI could have on an individual's life both now and into the future. The simple act of whether an individual engages in roadside testing for a police officer can affect the outcome of a test. However, if you do not engage in the alco sensor tests and the roadside testing then your license will be suspended by the DMV for a year.
Drivers under the age of 21 face special rules and penalties for drinking and driving. New York's Zero Tolerance law makes it illegal for a driver under the age of 21 to consume any alcohol. In addition to the legal penalties for DWI, underage drivers convicted of drinking and driving face special license penalties.
 An underage driver convicted of DWI faces the revocation of his or her driver's license for at least one year; however, if the driver enrolls in the Drinking Driver Program the driver may receive a conditional license for the time period of the revocation. An underage driver who is convicted of a second DWI faces the revocation of his or her license for the longer of one year or until the individual turns 21.
Commercial drivers in New York also face unique license penalties. Those who hold a Class A, B or C license are held to stricter blood alcohol content standards and face tougher penalties when operating a vehicle that requires a commercial driving license. A commercial driver convicted of DWI or having at least a 0.04 blood alcohol content faces the revocation of his or her license for at least one year.
In addition to the fines for a DWI offense, drivers convicted of the offense must also pay mandatory surcharges and a mandatory fee for assistance to crime victims. These penalties are referred to as license penalties. Many are also not aware that drivers convicted of drinking and driving in New York face driver responsibility assessments, which are fines for certain driving violations.

Because the elements leading up to a DWI arrest or charge are complicated and the penalties for a DWI conviction are hefty, it's important to consult an experienced criminal defense attorney to protect your rights.
Our goal is to help adults and minors who are arrested for drunk driving avoid jail time, a criminal conviction and license suspension if at all possible, or to limit the penalties, fines and collateral consequences for drinking and driving. Through negotiations and at trial, we have obtained solid results for clients by challenging probable cause for the traffic stop, field sobriety tests, Breathalyzer results and other evidence of errors or violations of our clients' rights.
Upon conviction for repeat offenses or felony DWI, without an effective defense strategy, jail is likely and license revocation is probable. Our DUI attorney in Poughkeepsie can make every effort to reduce these serious DWI cases to a misdemeanor or noncriminal offense to avoid those outcomes, or negotiate with the prosecutors to keep clients out of prison.
We understand what is at stake and use all our experience and resources to limit the consequences of a DWI arrest. Receive effective and aggressive legal counsel by calling our firm now. Our Poughkeepsie DUI lawyer proudly serves clients in various areas throughout New York, including Poughkeepsie, Fishkill, and Newburgh, and the Dutchess, Putnam, and surrounding counties of New York.
If you are facing charges for DWI or DWAI, contact us (845) 234-4180 online or call to schedule a free consultation!
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