Brought to you by Colorado DUI Drunk Driving Defense

Albany DWI Lawyers

1. Lindsey, John: Driving While Intoxicated (DWI) laws in New York have become much stricter over the years making it more important that you hire a DWI attorney who is quite familiar with the new laws. In January of 2007, a new law created the offense of Aggravated DWI. Aggravated DWI is a new category of DWI with stricter penalties and new plea-bargaining restrictions. After one DWI conviction, your next DWI may be charged as a felony. John also handles Boating While Intoxicated (BWI) matters. Penalties for BWI are now quite similar to DWI offenses making it important to hire an experienced attorney to protect your rights. Click the following link to learn more about Boating While Intoxicated in New York. Once you are arraigned on your DWI charge, your license will be suspended pending prosecution if your alleged BAC is .08 or above. If there was a refusal alleged, your license will be suspended immediately (at the time of refusal) although you are entitled to a refusal hearing. Recently enacted legislation has increased the penalty for a refusal to a one year license revocation, although you may be entitled to a conditional license depending upon the outcome of your charges. There are certainly many ways to fight a DWI charge. Perhaps the most common reasons for challenging a DWI charge are the reason for the stop of the vehicle or the validity of the breath test results. If you prefer to seek a deal instead of fighting the charges there are certain factors that the District Attorney may weigh including the alleged BAC reading, driving history, and whether there was an accident involved. In many situations, the District Attorney may reduce your misdemeanor DWI charge to the violation of Driving While Ability Impaired (DWAI). Having the DWI charge reduced to DWAI will protect you from having a criminal record. The consequences of DWI or DWAI convictions are quite severe. These can include incarceration, probation, mandatory Court imposed fines and surcharges, driverÕs license suspension or revocation, proof of alcohol-related treatment, attendance at a victim impact panel, increased insurance rates, and a mandatory driver assessment fee of $250 to New York for three years.
2. Wheatley Law Firm: If you've been charged with DWI or DWAI, a criminal charge or even a simple speeding or traffic ticket, you need representation from an experienced attorney. Prosecutors are clamping down on DWI defendants in the Albany area, and in many cases you can no longer simply plea the charge down for a first time offense. Now more than ever, you need an attorney who knows the law in this area and can effectively defend you. Traffic tickets, while for the most part are much less serious, still can cost you considerable time, money and inconvenience.
3. Gross, James: * Murder * Theft (robbery, burglary) * Assault (domestic violence) * Drug crimes (drug possession, marijuana possession, drug possession with intent to distribute) * Sex crimes (rape, possession of child pornography) * DUI/DWI/DWAI * Traffic violations (traffic tickets, speeding tickets) * Trespassing
4. Milstein & Milstein: * DWI (commonly referred to as ÒDUIÓ) * DWAI * DWAI drugs * Aggravated DWI (BAC of .18 or higher) * Refusal to test * Driver's license protection * Commercial drivers * Drinking and driving under age 21 Here are a couple of important facts you should know: * Commercial drivers are held to a higher standard * Drivers under 21 are held to a higher standard * A conditional license may be available if your license is suspended * If you are below .08, you can still be charged with DWAI
5. Kehoe, Randall: Important information regarding DWI: Driving while intoxicated arrests in New York are aggresively prosecuted by many interests including county prosecution 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, etc. Also, please be advised that a refusal to take the blood alcohol tests 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 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 prosecution 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, etc. 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 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 to $500 for the first offense. The court 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.
6. Colwell, Kevin: Don't waste another minute...
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.

12. 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.
13. 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.