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Brooklyn DWI Lawyers

1. 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.
2. 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.
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4. 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?"
5. 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...
6. >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.
7. 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.
8. 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.
9. 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.
10. Evans, Robert: Have you been charged with a traffic or moving violation? · Is your driver’s license suspended or revoked? · Are you a truck owner or operator with safety or administrative violations? · Do you have a CDL? · Is your vehicle about to be towed because of out-of-service violations? DID YOU KNOW THAT: · Driving on a suspended/revoked license is now a crime punishable by jail? · Conviction of drug possession will result in license suspension/revocation, regardless of whether or not a motor vehicle was involved? · Failure to pay child support or a judgment involving a motor vehicle accident will result in the suspension of your license? · Arrests arrest for DWI will result in the immediate suspension of your license pending prosecution? (And possible seizure of your car!) DRIVERS: Haven’t paid or contested your ticket for a moving violation? · DMV can suspend your license and/or impose a penalty for 6 or more points. · DMV will list the conviction and points on your driving record. · Your insurance costs can be increased for three years, or the policy cancelled.
11. Epstein & Conroy: If you have been accused of a crime, the decisions you make now can literally affect the rest of your life. The strength of your defense should be assessed by an attorney who fully understands the unique facts of your case and who knows how the law applies to your circumstances. Only then can you make the critical decisions that will protect your future.
12. Gendelman, Tanya: There are three different classes of criminal offenses under New York law; violations, misdemeanors, and felonies. Violations are the most minor of these, punishable by up to fifteen days in jail at most. Misdemeanors are a bit more serious, punishable by up to one year of jail. Felonies are the most serious crimes, punishable by well over a year in a state prison. Regardless of the severity of the crime you are accused, you should consult a New York criminal attorney from the law offices of Tanya Gendelman PC to make sure your rights are not ignored. Everyone should know that a violation is not the same as a misdemeanor. A violation is not considered to be a criminal conviction and the record is usually sealed. If someone with no previous criminal record can been arrested for a New York violation, that person could legally state on a school or employment application that he or she has never been convicted of a crime. On the other hand, a misdemeanor is a criminal conviction that stays on the persons criminal record for life. Unfortunately, New York criminal law has no provision for expunging such convictions. However, a court may choose to grant a defendant a "Certificate of Relief from Civil Disabilities" which removes bars to employment with state or municipal governments that are imposed by law due to your conviction.
13. Curt Arnel: Prosecutors may coerce you into pleading if you are charged with a DUI/DWI. Other attorneys may encourage that type of resolution.
14. Lonnie Hart: Don’t put your future in the hands of less capable lawyers. There are a lot of lawyers out there who simply don’t have what it takes to get what you need.
15. Richard Cardinale: If you have been arrested, or if a loved one has been arrested, you need an attorney working for you as soon as possible.
16. Schwartz, David: It's critical that you have the information you need to make good decisions, and that you have that information early in the process. You need to know how the charges and the choices you make in responding to them can affect your future-and your family's future. Talking to a lawyer who knows the law and how it applies to your case will help you make informed decisions.
17. Scott Cerbin: DWI is the fastest growing area of criminal law. Each year the legislature passes tougher DWI laws and the amount of arrests increases. Most recently, in November 2006 New York created the crime of Aggravated DWI. This offense is intended to severely punish individuals arrested for driving with blood alcohol levels far above the legal limit of .08 of one percentum. The consequences of a DWI conviction can be devastating. DWI is a very specialized field of law and it is crucial that an individual charged with a DWI offense retain an attorney with specialized training and trial experience in this area.
18. Storobin & Associates: Driving Under Influence Representation
19. Goldberg, Sager & Associates: For many people, traffic tickets, violations and citations can be just as damaging as any other criminal accusation. Convictions can, of course cost money, including higher insurance rates, but enough can also cause your license to be revoked. For many people, especially truck drivers, a license revocation means a loss of livelihood.
20. David Hernandez: Every criminal defendant needs an attorney. Innocent people do end up in jail, and the best way to prevent such a miscarriage of justice is to hire a criminal defense lawyer. Your lawyer will work throughout the criminal justice process to ensure that your rights are protected and that the truth prevails.
21. David Epstein: ’DUI’ stands for Driving under the Influence. ’DWI’ stands for Driving While Intoxicated. These two similarly related charges occur when someone is operating or isin actual physical control of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their Blood Alcohol Content is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, mandatory attendance at a state or DMV approved alcohol program and mandatory overnight incarceration. In addition, a DUI/DWI conviction stays on a DMV record for at least 7 years; it typically results in higher insurance premiums, and an offender may become ineligible for credit. A criminal conviction could also jeopardize your employment opportunities.
22. Brian Perskin: Retain a skilled, experienced criminal defense lawyer and attorney who will fight hard for your legal rights and do his best to see that you are acquitted of the charges against you. Deciding on the attorney to retain to defend your freedom may be the most important decision of your life. When a person consumes alcohol, his/her ability to operate a motor vehicle may become impaired. The penalties for drunk driving in New York are severe. For instance, the lowest type of offense you can receive is a DWAI (driving while ability impaired) which can result in up to 15 days in jail, $300 in fines, 90 day driver’s license suspension along with many other penalties. It is critical for a person who has been accused of driving under the influence to hire a hard-hitting New York DUI defense lawyer right from the start in order to put up a strong legal fight. At the Law Offices of Brian D. Perskin we provide excellent legal knowledge, skill and commitment to clients charged with any type of DUI (driving under the influence), DWI (driving while intoxicated) or DWAI (driving while ability impaired) offense in New York. In the state of New York, a person found driving with a BAC (blood alcohol content) of 0.08% or higher may be arrested for suspected driving under the influence. In order to obtain evidence that someone is in fact under the influence of drugs and/or alcohol, law enforcement may administer several tests that may include: field sobriety tests, breath tests (breathalyzer machine), blood tests and urine tests.
23. Robin Smith: If you are charged with driving while intoxicated and your blood/alcohol content is alleged to be .10% or higher, the judge who arraigns your case will take your license from you and suspend it pending the outcome of the case. A lawyer can request that the judge not immediately suspend your license by asking for a 20-day stay. That would allow you to have a conditional license allowing you to drive to go to school or work pending the outcome of the case.