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Albany DWI Lawyers

• Colwell Ferrentino & Petroccione: If you've had a DWI arrest, every choice you make from now until the judge's verdict could affect your life for years. There are lots of things a lawyer can do to help minimize the penalties, but you have to choose your lawyer carefully.
• Tully Rinckie: DWI Penalties and Procedures The term BAC, also known as blood alcohol content, is a measure of the concentration of alcohol in a person's blood. The higher your BAC, the more your judgment and coordination will suffer. Furthermore, your ability to judge distances, speeds and angles will be diminished. The degree of impairment depends on four basic factors: 1. The amount you drink. 2. Whether you've eaten before or while drinking (food slows absorption). 3. Your body weight. 4. The length of time spent drinking. NYS Alcohol and/or Drug-related Violations In New York State there are five basic alcohol and/or drug-related violations, the severity of punishment depends on which violation(s) you have been charged with. 1. DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication. 2. DWAI: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment. 3. DWAI / Drugs: Driving While Ability Impaired (by a drug that is not alcohol). 4. Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation and must pay a $300 civil penalty ($350 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge will have their driver license revoked for one year and must pay a $750 civil penalty to apply for a new driver license.
• Cifarelli, Joseph: Driving While Intoxicated (DWI) , Driving While Ability Impaired (DWAI) In New York, Driving While Intoxicated, (DWI), is a criminal offence that results in license revocation. Driving While Ability Impaired (DWAI) is a violation, that upon conviction results in license suspension (or revocation if it is the second or third offence). When a driver is arrested for DWI, or DWAI, their driverÕs license is immediately jeopardized thereby impacting the driverÕs ability to work and take care of their families. The penalties may also include incarceration, fines, restitution, and probation. In my experience, most of the drivers who are arrested for DWI or DWAI are initially stopped by a police officer for some other violation of the Vehicle & Traffic Law, such as speeding or an unsafe lane change. When the driver is stopped, the police officer will ask the driver a variety of questions and request the driver to perform a number of field sobriety tests. Depending upon the results of the tests, the driver may be taken into custody and brought to the police station to perform a blood alcohol test. This test determines the driverÕs blood alcohol content (BAC). If the test results conclude the driverÕs BAC is between .05 and .08, the driver will most likely be charged with driving while ability impaired (DWAI). If the BAC is .08 or greater the driver can expect to be charged with driving while intoxicated (DWI). Depending on the driverÕs history, and the circumstances of the charge, the DWI may be charged as a Felony or a Misdemeanor. These are commonly referred to as the ÒstatutoryÓ DWI laws. In addition to these charges, the driver can expect to be charged with Òcommon-lawÓ driving while intoxicated as well as the original offence that caused the police to initially stop the driver. The impact of a drinking and driving conviction may include a criminal record, incarceration, probation, license suspension or revocation, requirement to complete the New York State Department of Motor VehicleÕs Drinking Driver Program, attend a VictimÕs Impact Panel, court costs, a NYS DriverÕs Responsibility Assessment of $250.00 per year for three years and insurance increases. I understand the process and provide my clients step by step instruction regarding the charges, the ramifications of a guilty plea, and the procedure to appear in Court.
• Margaret Donnelly: A charge of driving while intoxicated can have serious consequences for your future. If you have been accused of drinking and driving, you are facing a very serious challenge. It is important to protect your rights, and your future, by choosing a knowledgeable DWI defense attorney to represent you. If you or your college age son or daughter is facing the drunk driving charges, get in touch with an attorney as soon as possible.
• Peter Gerstenzang:

  In New York, the Driving While Intoxicated statute contains 4 separate offenses:

  The first offense is Driving While Ability Impaired ("DWAI"). This offense is committed where the driver has consumed alcohol to the extent that he "has actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver." People v. Cruz, 48 N.Y.2d 419, 423 N.Y.S.2d 625 (1979). DWAI is a traffic infraction, not a crime. DWAI is an offense to which the more serious charge of Driving While Intoxicated is often reduced.

  The second offense is Driving While Intoxicated; Per Se. This offense deals with operating a motor vehicle with a specific blood alcohol concentration. In New York, it is DWI per se to operate a motor vehicle while you have .08% or more by weight of alcohol in your blood.

  The third offense is Driving While Intoxicated ("DWI"). You can be charged with DWI regardless of whether there is a chemical test result (for example, if you refused to submit to a chemical test). The legal standard for DWI is that "the driver has voluntarily consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver". People v. Cruz, 48 N.Y.2d 419, 423 N.Y.S.2d 625 (1979).

  The fourth offense deals with operating a motor vehicle while your ability is impaired by drugs ("DWAI Drugs"). While DWAI Alcohol is a traffic infraction, DWAI Drugs is a crime. The legal standard for DWAI Drugs, however, is the same as that of DWAI Alcohol. Specifically, a person is guilty of DWAI Drugs when the driver has consumed drugs to the extent that he has "actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver." People v. Cruz, 48 N.Y.2d 419, 423 N.Y.S.2d 625, (1979).

  In addition to these basic offenses, New York has additional DWI provisions which apply to commercial motor vehicles. For example, Commercial DWAI is committed when a person operates a commercial motor vehicle while having a blood alcohol concentration of .04% or more, but not more than .06%.

  The operation of a commercial motor vehicle with a blood alcohol concentration of more than .06% is a crime.

  As with any criminal charge, the State bears the burden of proving the charge against you. Because of an increased political and public intolerance towards those who drink and drive, however, defending a DWI charge has become more complicated, and the penalties upon conviction have become more severe.

• Warren Redlich: Settling a DWI or DWAI case usually involves license suspension and substantial fines. Most clients enter the Drinking Driver Program and get a conditional license allowing them to drive when necessary.
• Randall Kehoe: Driving while intoxicated arrests in New York are aggressively prosecuted by many interests including county prosecutions and public opinion. If you have been arrested for DWI, it is advisable not to make verbal or non verbal statements including whether or not you have been drinking, whether or not you were operating the vehicle et cetera. Also, please be advised that a refusal to take the blood alcohol test will result in a six month revocation of your privileges to drive. This is a paradox. Because when you apply for your drivers license you give your consent to be tested for blood alcohol content by the fact you have the license or privilege to operate a motor vehicle. If you actually have not in consumed any alcohol at all and refuse, then you suffer a six month revocation. If you have had some alcohol you risk a prosecution based upon scientific evidence of blood alcohol content. Thus, there is no easy answer regarding whether or not to "take" the test. It is however, advisable to take the test if you have had a small quantity of alcohol because the test results will reflect this and the prosection will reflect the low blood alcohol content. If however, hypothetically, the operator of a motor vehicle has had an extreme amount of alcohol prior to driving then the blood alcohol content will reveal a higher criminal aspect of driving while intoxicated and thus, result in an aggressive prosecution. The operator must realize that body weight, amount of food and other factors affect the B.A.C. It is generally accepted that the body can "rid" or oxidize alcohol at a rate of one drink per hour. This is 4oz of wine 1-12oz can of beer or 1-1.5oz of liquor. This is very variable depending upon weight, size, et cetera. Bottom line, cooperate and be courteous and respectful with police authorities in the event of an arrest. The operator must decide based upon alcohol consumed or not consumed whether or not to take the test or refuse. If you have in fact been arrested you will likely be hand cuffed and read your rights. These are called "Miranda warnings", this is really means that if you give a statement it will be considered an admission against penal-interest, they will use it against us at trial. Please be advised that the police will only "Mirandize" you if they seek to interrogate you while in custody. If they do not interrogate you they do not have to "read you your rights". If you were arrested and you were not advised of your rights, and they did not interrogate you, then there is no statement that can be used against you. This is why during the vehicle stop that one should not volunteer information regarding alcohol consumption because it is prior to arrest and thus, you do not have miranda rights. The common penalties for DWI include a negotiated plea bargain which is a violation (not a crime) and a fine. The fine ranges from $300.00-$500.00 for the first offense. The count will likely assess the victims impact-panel, which is a program regarding the dangers of DWI. Also, one will be suspended from driving for a period of 90 days. In liev of this suspension you may qualify for the drinking driver program D.D.P ., this program allows the driver and from work, school, medical emergencies, and 3 hours that are designated upon Blood Alcohol Content, prior convictions and aggravating circumstances such as personal injury or property-damage and prior DWI conviction history.