Brooklyn DWI Lawyers
- Schwartz, Howard:
crimes including drugs, thefts and violence
- LaFaurie, Wilson:
# Criminal defense attorney
# Dui attorney
# Criminal lawyer
# Murder attorney
# Narcotics
# Drugs
# Attorney
# Lawyer
- Gregory, Samuel:
DWI / DUI Penalties in the State of New York
In the state of New York, different penalties attach to DWI convictions. Typically, the penalties involved are more severe if the driver is under the age of 21, has a blood alcohol (BAC) level over .18, or has previous DWI convictions. Additionally, New York has DWAI laws - Driving While Ability Impaired by Alcohol - which results in fines, jail, and license suspension even when BAC is below .08. The penalties listed below attach to Driving While Intoxicated (DWI) where BAC is over .08:
* First DWI: a fine between $500 and $1,000; up to one year in jail; a 6 month minimum license revocation.
* Second DWI within 10 years of the first: a fine between $1,000 and $5,000; up to 4 years in jail; a 1 year minimum license revocation.
* Third DWI within 10 years of the first: a fine between $2,000 and $10,000; up to 7 years in jail; a 1 year minimum license revocation
Repeat offenders may be required to install an ignition interlock device at their own expense as well. An ignition interlock device works like a breathalyzer in measuring one's BAC. When attached to a car, the car will not function unless the BAC measured is within the legal limit.
Commercial Drivers License (CDL) Holders — Cab, Truck, and Bus Drivers
Holders of a commercial driver's license are held to a stricter BAC standard. In general, holders of a commercial driver license can be arrested for DWI or DWAI if their BAC is measured at .04 or higher. A first-time conviction will result in a 1 year revocation of their license while a second conviction will result in a permanent revocation of their commercial driving license.
Challenging DWI Charges
In order to pull a driver over, an officer must have a reasonable suspicion that a law has been broken. If he suspects a driver has been drinking, he must administer a field sobriety test according to a set, standard procedure. Next, if he has established probable cause to administer a breathalyzer test after observing the results of the field sobriety test, he must properly administer a breathalyzer test on a machine which has been properly calibrated and maintained.
Failure to follow proper protocol at any stage in this process can provide grounds for dismissing the drunk driving charges against you.
- Stoll, Glickman & Bellina:
Drunk Driving
Protecting Your Rights in Drunk Driving Cases
The moment that you are accused of DWI, the system piles on a host of consequences, without regard to whether the case against you can be proven. The courts may automatically order an alcohol assessment and a suspension of your driver's license. The police department may try to keep your vehicle, and the Department of Motor Vehicles may bring their own proceedings against you. Ultimately, you may face potential fines or jail time. With so much on the line, it is important to have an advocate who knows all the ins and outs of a drunk driving prosecution, and who has the experience to provide a strong defense.
- Ortiz & Ortiz:
# Chapter 7
# Chapter 11
# Chapter 13
# Business and Commercial Law
# Criminal Law
# Family Law
# Litigation
# Real Estate
# Business Organizations
- Hernandez, David:
If you have been accused of drunk driving, you already know you face stiff penalties, including fines, loss of driving privileges and even jail time. You may be asking, "What are my options?" and "Who can help me?"
- Hochbaum, Charles:
Traffic Law DUI/DWI
Penalties for DUI/DWI Offenses Involving Operation of Aircraft
A state may enact a statute rendering it unlawful to operate an aircraft while under the influence of intoxicating liquors, or in such a careless and reckless manner as to endanger the life or property of another. These statutes will also impose penalties, typically a fine and potential incarceration. Such statutes are strictly enforced, and any conviction can be later used to enhance a charge of operating a motor vehicle while intoxicated. More...
Traffic Control Device Violations
The right to drive on the highways and streets for travel and transportation of goods is not an absolute right, and it is not an unqualified right. A person's use of highways and streets is subject to traffic laws and the person's adherence to traffic control devices such as street signs and lights. More...
Criminal Offense of Failing to Provide Proof of Insurance and Registration
All states require some form of vehicle registration. The registration generally lasts one year and is often renewable on the owner's birthday with the state's department of motor vehicles. Generally a registration is what allows you to get the license that makes your vehicle legal to drive on public roads. Most states require motorist to keep the vehicle's registration with the vehicle at all times. Failure to provide a vehicle registration can result in fines and suspension of your driver's license. Many states will waive or reduce fines where a motorist can subsequently produce a vehicle registration that was valid on the day it was requested. More...
Elements of DUI/DWI Offenses Involving Operation of a Boat
All states have BUI laws making it unlawful to operate any vessel while under the influence of alcoholic drugs, certain controlled substances, and drugs. On navigable waters of the United States, federal law provides for a civil fine of not more than $ 5,000 for any person operating a vessel under the influence of alcohol or a dangerous drug. Alternatively, the boater may be charged with a class A misdemeanor. More...
Enhanced Sentencing for DUI/DWI Offenses
There are certain factors which will trigger additional punishment in a drunk driving case. The factors generally considered include: (1) child endangerment, i.e. a child is in the car while driving under the influence of alcohol; (2) speeding above certain levels (20-30 mph over the limit) while driving under the influence of alcohol; (3) having a blood alcohol concentration or breath alcohol test of .15 percent or greater while driving; (4) refusing to submit to a chemical test of blood, breath, or urine when suspected of driving under the influence; (5) an accident, property damage, or injury arising out of driving under the influence; and, (6) prior convictions for a related drunk driving offense. More...
- >Mednik, Stella:
DWI arrests in New York will trigger two separate cases for those
accused of driving while impaired. The first is the DWI case in criminal
court; the second is the DMV case, where the New York DMV is empowered
to suspend the driving privileges of those accused of DWI or DWAI
(driving while abilities are impaired by alcohol).
New York DWI cases (also known as DUI – Driving Under the Influence) can
be brought under one of two theories: either violation of the DWI "per
se" law (which is based only on alcohol level, not driving impairment),
or under a traditional "common law" theory (where the prosecution must
prove that the driver is intoxicated). Intoxication, for the purpose of
Vehicle and Traffic Laws, is a condition where the motorist lacks the
necessary physical and mental skills to operate a motor vehicle as a
reasonable and prudent driver. ew York DWI arrests based on the common
law theory do not require any measurement of BAC; they may be based
entirely on the opinion of the arresting officer.
DWI cases can be "aggravated" (with harsher punishment and penalties)
where the BAC is .15 or more, where there is a traffic accident, refusal
to take the chemical test, or any other attempt to evade police or flee
the scene of a DWI accident.
New York DWI law is unique, in that it gives all motorists a qualified
right to consult with a DWI lawyer before deciding whether to take or
refuse the chemical test. (It is "qualified" because those arrested have
a right to call and obtain advice from a DWI lawyer, but the police do
not have to wait for that lawyer to show up.) New York DWI lawyers know
that taking late-night calls is simply part of the job description. It
is critical to consult with a qualified New York DWI attorney before
deciding this issue, since taking or refusing the test is an important
and complicated decision following a drunk driving arrest.
Drunk driving defense is a specialized area. Let a qualified attorney
find a solution to your legal problem if you, or someone you care about,
has been arrested for DUI or DWI.
DWI punishment in New York will depend upon whether the drunk driving
arrest is for a misdemeanor or a felony. (A misdemeanor DWI / DUI case
is one than can be punished by up to one year in jail; a felony drunk
driving arrest may be punished for more than a year in state prison.)
A first-offense Driving While Intoxicated (DWI) case is a misdemeanor.
However, if there has been a prior DWI or drunk driving conviction
within 10 years of the arrest, the new charge is a felony. The 10-year
period is calculated from the date of conviction of the prior DWI case,
through the date of arrest for the new DWI case.
DWI arrests can result in a variety of punishments; the sentence given
for a drunk driving conviction will depend upon the particular DWI
charge, and whether there are aggravating or mitigating factors.
New York DWI Penalties in criminal court are as follows:
Driving While Impaired by Alcohol, VTL Section 1192.1: Considered a
non-criminal "traffic infraction" which does not leave the driver with a
criminal record, this is the least serious DWI / DUI offence. The
penalties can range from a minimum fine of $300.00 and a maximum fine of
$500.00 to up to 15 days in jail or both. However, if the driver has
already been convicted of one prior DWI / DUI offense in New York, the
penalty is increased to a minimum fine of $500.00 and a maximum fine of
$750.00 or 30 days in jail or both. If the driver has been convicted of
two or more DWI offenses in New York, then the classification of this
DWI offense is changed to a misdemeanor (which does give the driver a
criminal record) with a minimum fine of $750.00 and maximum of
$1,500.00, plus up to 180 days in jail or both. A mandatory 90-day
suspension of the driver's license to operate a vehicle will be imposed
if the motorist has no prior DWI convictions. The suspension is for 6
months where the motorist does have a prior DWI conviction. However, NY
courts are often willing to postpone that suspension for 20 days in
order for the motorist to petition the Department of Motor Vehicles for
a restricted license that will permit them to drive to and from work
only.
Driving While Intoxicated, VTL Section 1192.2: This is the standard,
garden-variety drunk driving offence that is typically charged when a
motorist is arrested for DWI. It is considered a misdemeanor and does
constitute a crime, giving the driver a criminal record. The minimum
penalty, assuming no prior convictions for DWI as a misdemeanor, is a
minimum fine of $500.00 and a maximum fine of $1,000.00 or both. A term
of no more than one year in a NY prison is authorized. The mandatory
license revocation is for 6 months, with the same provision for a
restricted license through DMV as outlined above.
DWI as a felony offense: When a person has already been convicted of DWI
as a misdemeanor (as opposed to Driving While Impaired, a "traffic
infraction") the next DWI is much more serious. If the second DWI case
is for Driving While Intoxicated, most commonly brought under VTL
Section 1192.2, the new charges are raised to the level of a class "E"
felony. The penalties increase as well. The minimum fine is $1,000.00
with a maximum fine of $5,000.00 possible. The motorist is also more
likely subject to a period of probation for 5 years or may even be
incarcerated for a period of up to one and one-third to four years. In
such cases, NY courts can combine the penalties imposed, depending on
the circumstances. A term of 6 months incarceration with the balance of
5 years spent on probation along with the fine, license revocation and
drinker/driver program is possible.
Forfeiture of the Car Driven at the Time of Arrest New York State's
Drinking Driver Program Driving While Intoxicated
What is DWI?
Driving While Intoxicated (DWI) is a crime. DWI laws are strictly
enforced in New York State. Penalties include loss of driving
privileges, fines and possible jail time. Any amount of alcohol will
affect your judgment and coordination and will reduce your ability to
safely operate a vehicle.
The degree of impairment depends on five factors:
1. The amount you drink; 2. Whether you've eaten before or while
drinking; 3. Your body weight; 4. Length of time spent drinking; 5.
Your gender;
There is no quick way to "sober up", except to wait for your body to
metabolize the alcohol. The average metabolism rate is about one drink
per hour.
The consequences of a Drunk Driving conviction in New York State are
serious and far-reaching.
What are the alcohol and drug related violations in New York?
VTL 1192-1 DWAI - Driving while ability impaired by alcohol. VTL 1192-2
DWI - Driving while intoxicated .08 BAC (blood alcohol concentration)
or higher or other evidence of intoxication. VTL 1192-3 DWI-REFUSAL -
Refusing to take a chemical test, such as a breathalyzer, for blood
alcohol content shall result in license revocation and a civil penalty.
VTL 1192-4 DWAI/Drugs - Driving while ability impaired by drugs other
than alcohol. VTL 1192-9 Zero Tolerance - As of November 1, 1996,
drivers under 21 who are found to be driving with any alcohol in their
system (.02 to .07 BAC) may be charged with violating the Zero
Tolerance Law. VTL 1193-2f SUSPENSION PENDING PROSECUTION - When a
person is charged with V&T 1192-2 or 1192-3 and is alleged to have a
BAC (blood alcohol content) of .08 or more at the time of arrest, their
license is suspended pending prosecution. They may be entitled to a
hardship license to allow them to drive to work, school or medical
appointments. Conditional License
If you receive your first conviction for DWI or DWAI and you participate
in the Drinking Driver Program (DDP), you can receive a conditional
license. The DMV determines if you are eligible for the DDP. A judge can
stop your enrollment in the DDP. Convictions
RELEASE FROM CUSTODY (O.R. AND BAIL)
Your browser may not support display of this image.Q. My friend has been
arrested for drunk driving - How can I get him out? How does bail work?
Can he be released on his Own Recognizance (O.R.)? How come bail is so
high for DUI charges? Can anything be done to lower the bail?
A. In general, when someone is arrested for an infraction or
misdemeanor, they may be released with a citation based upon their
promise to appear. Things are different when it comes to felonies or
"wobblers." (Wobblers are cases that can be charged as either felonies
or misdemeanors.) In those cases, while it is possible to be released on
their own recognizance, a bail hearing may be required.
Each county has a bail schedule, which lists the bail that applies to
each different type of case. It is possible to get that amount lowered,
depending upon the type of crime that is charged, and the history of
each individual defendant. The court will consider such factors as the
seriousness of the offense, the defendant's criminal record, and whether
or not the defendant is a flight risk.
Bail may be posted directly with the court clerk or law enforcement
agency having custody of the defendant, or a bail bondsman may be used.
In general, a bail bondsman will require a fee of 10% of the amount of
the bail. This fee belongs to the bail bondsman; you will not get it
refunded. The bail bondsman will also require collateral to secure the
bond.
A skilled criminal defense attorney can be extremely helpful in getting
bail reduced, or helping a defendant be released on his or her own
recognizance.
If you have a question about someone's bail, call 917-443-2001 to
contact a skilled drunk driving defense lawyer right now.
THE CRIMINAL PROCESS
Q. What is the process get to trial in a misdemeanor case? What is the
process in a felony case? What is a preliminary hearing?
A. When someone is arrested, the criminal process will vary, depending
upon whether they are charged with a misdemeanor or a felony. A
misdemeanor case is one where the maximum punishment is one year in
county jail, a fine, or a combination of jail and a fine. In a felony
case, the punishment is much more severe, and can include confinement in
state prison, or in some extremely serious cases, death.
In a misdemeanor case, the first appearance is called the arraignment.
The main purpose of the arraignment is for the accused to enter a plea.
If the accused pleads not guilty, the case is scheduled for pre-trial
conferences and then trial. A conviction requires all jurors to agree
that the accused is guilty beyond a reasonable doubt.
In felony cases, the first appearance is the arraignment. Next, the case
is set for a preliminary hearing. A preliminary hearing is a hearing in
front of a judge (not a jury), where the judge listens to the testimony
of witnesses and determines whether there is sufficient evidence to make
the defendant stand trial.
If the judge decides that there is enough evidence for the accused to be
brought to trial, the defendant has another arraignment, pre-trial
conferences, and then trial. A conviction requires all jurors to agree
that the accused is guilty beyond a reasonable doubt. The number of
jurors can vary from state to state. However, in criminal cases, all
states require that all jurors unanimously agree in guilt to support a
conviction.
If you or someone you care about is involved in the criminal process,
call an expert DUI lawyer for a
consultation about the case.
PRIOR CONVICTIONS
Q. Can my prior convictions be used against me?
A. That depends on what they are and when they happened. This is a
complicated question, and is definitely a situation where consultation
with a criminal defense lawyer that focuses on the defense of DUI or DWI
cases is important.
Prior drunk driving, DUI, DWI, OUI, or OWI convictions can have a
dramatic impact on the punishment for a later DUI case.
Prior convictions can affect many issues in a criminal case, from bail
to sentencing.
PROBATION VIOLATIONS
Q. I'm on probation for drunk driving, and was just arrested for a new
DUI case. What do I do now? Will the old judge find out about the new
case? Will the new judge find out about the old case?
A. This is a delicate situation, and the best approach depends on many
factors. It is imperative that you discuss this type of situation with a
DUI defense lawyer who can best represent your interests in both the new
case and the probation violation case.
- Roond, Estelle:
A Breathalyzer Test is a device used to measure the blood alcohol content (BAC)of a person’s breath, particularly when a law enforcement officer suspects that the person is driving while intoxicated (DWI). A Breathalyzer Test detects alcohol on a person’s breath by using a chemical reaction. The Breathalyzer Test itself contains several chemicals, each a different color, which change color when they come into contact with alcohol. Potassium Dichromate (K2Cr2O7), for example, is an orange-yellow compound.
Have you or someone you know been charged because you refused to take or failed a breathalyzer test? If so, contact one of our experienced DUI lawyers in your area today!
Some strategies for DUI prevention include:
Suspend license of DUI offenders
Reduce national BAC to 0.05%
Zero tolerance for offenders under the age of 21
Sobriety checkpoints
Community involvement
Mandatory treatment programs for offenders
Raising federal alcohol taxes
BA tests at all injury-inducing traffic accidents
When the yellow crystals come into contact with alcohol, the crystals change from yellow to green. The amount of color change is relative to the amount of alcohol detected on a person’s breath. The Breathalyzer Test is measured and counted in percent units of Blood Alcohol Concentration (BAC), which is the proportion of alcohol to blood in the body. A 160-pound man will have a BAC of approximately 0.04 percent 1 hour after consuming two 12-ounce beers or two other standard drinks on an empty stomach.
The legal BAC limit in New York is 0.05 percent for Driving While Ability Impaired (DWAI). Over .08 is Driving While Intoxicated. There are several types of Breathalyzer Tests and most models are available for personal purchase. If the Breathalyzer Test is administered properly, the results are admissible as evidence in court.
There are many possible defenses against the reliabililty of the machine used and the steps the arresting officer took to administer the breathalyzer test. You need a qualified DWI attorney to help you find and use these defenses to your benefit.
- Adler & Karliner:
A DWI/DUI arrest can be a life-changing event with far flung repercussions for you and your family. You may lose your driving privileges for a long period of time if you do not take action right away. You may serve time in jail, and end up with a criminal record for life. With a DWI/DUI conviction on your record, you may encounter difficulty in the future with professional and personal goals:
* Being hired for jobs of your choosing
* Joining the military
* Taking jobs involving driving
A criminal defense lawyer with experience and knowledge of the system can often help you recover your driver's license quickly if you request an administrative hearing right away.
- Mirvis Law Firm:
Unfortunately often you can become a victim of bad judgment, misinformation, lack of knowledge or experience. Overcoming the burden of accusation of a criminal act can be overwhelming. We understand you have a substantial amount to lose. When you are facing criminal allegations, your life, work and accomplishments are at risk—your reputation, home life and business are in jeopardy. That’s why choosing the right criminal defense attorney becomes the most important decision you will make.
Return to New York DWI Lawyers
|