Garden City DWI Lawyers
- Biancanello, Denis:
Jail time and probation are more common following a DWI than any other misdemeanor in New York. If you are a first time offender, we can help you make sure your first night in jail is your last. If you are a multiple DUI or DWI offender, you face much more serious consequences.
Conditional & Hardship License Hearings
If you have lost your license after your DUI, DWI, or DWAI, you could be awarded a conditional or hardship license through the DMV or courts. A hardship license is issued by the court, if you need your license to get to work and support your family. Since no client's circumstances are like another's, driver's privileges are not granted easily. It is of the utmost importance that you present a strong case in front of the judge.
You also have the opportunity to apply for a conditional license through the DMV. While it is easier to secure driving privileges through a conditional license, each individual is allowed only one, every five years, and they only last for the length of the trial. At the end of your trial, you will have to apply to get your license back. We will represent you at that DMV administrative hearing as well.
Breath and Blood Alcohol Content
If you are given a DUI, DWI, or DWAI, chances are, you will be given a test that measures your BAC. Blood must be drawn in order to conduct a blood alcohol content test, but a simple breath test can measure your breath alcohol content. In New York, the police use a machine called an Intoxilizer. It is typical for clients to face the following potential consequences after reaching the following scores:
* If it's greater than .08, you're going to get a misdemeanor DWI)
* If it's greater than .04, you're going to get a violation (DWAI).
* If it's greater than .13 and above, they want you to plea to the charge
If you refuse to take a breath test, you will most likely be pressured into taking a plea for the charge. This is not fair, and you do not have to accept their plea. An experienced lawyer can make sure your rights are protected.
- Jan Goldman:
Driving While Intoxicated - DWI - DWAI
Drunk Driving is a serious charge. A Driving While Intoxicated charge can be a violation (DWAI "impaired'), a misdemeanor or a felony, depending upon the circumstances and your driving record. You may be required to attend and complete drug and alcohol evaluation and treatment before you can drive again.
- Robert Gallo:
What happens if I am arrested?
If you are arrested for breaking a criminal law, the case is taken
before a magistrate who may issue a warrant if necessary and set bond
for appearance in court. If the defendant cannot post the bond he may
be incarcerated pending appearance in court. If bond is posted, he will
remain free pending appearance at an arraignment. An arraignment
usually occurs within 24 hours of the arrest or the first date
available if on a weekend or holiday. The arraignment is held before a
judge of the courts. During the arraignment the defendant is formally
told what offense he is charged with, told their constitutional rights,
and of the possible penalties. The defendant will enter a plea of
guilty or not guilty, bond may be reviewed, and a date for the next
hearing will be scheduled.
Can they use force to arrest me?
A police officer may use as much force as is necessary to arrest you.
Unreasonable force is assault. After arrest, a police officer may
handcuff you if you attempt to escape or the officer considers it
necessary to prevent you from escaping. If you claim that force was
used to arrest you, a judge will decide whether or not the force used
was reasonable in the circumstances.
Am I entitled to a jury trial?
The level of infraction or crime charged will determine whether your
case will be tried before a judge or a jury. In some cases the
jurisdicrion in which you are being tried will determine whether you
will face a bench trial or a jury trial. In many instances you have the
right to waive the requirement of a jury trial and allow the judge to
decide your guilt or innocence. Strategy regarding the type of trial
you will receive requires careful consideration and the infomed counsel
of an experinced defense attorney.
Can I be arrested for questioning?
No. Police can request you to accompany them to a police station for
questioning but you are not required to go unless you have been
arrested for an offence. It is not advisable to speak with the police
until you have first spoken with your attorney. You should ask for a
lawyer or independent witness to be present during questioning.
What is DUI?
DUI is shorthand for Driving Under the Influence. A person is guilty of
DUI if he or she drives or is in actual physical control of a motor
vehicle and is under the influence of alcoholic beverages or any
chemical or controlled substance to the extent that his or her mental
faculties are impaired or when his or her blood alcohol level (BAC) is
above the legal limit for the state.
Is there anyway to avoid a DUI?
It sounds simple, but don’t drink and drive. Take a taxi, designate a
driver, walk, call a friend, but no matter what, do not drink and
drive.
Can I still be in trouble for driving, even if my BAC is below the legal limit?
Yes.
It is also unlawful to drive with your normal faculties impaired.
Normal faculties are those faculties of a person, such as the ability
to walk, talk, judge distances, drive an automobile, make judgments,
act in emergencies, etc.
Does the car have to be moving for me to be guilty of DUI?
No. You can be arrested for DUI by driving while over the legal BAC in
your state or while impaired. But, you need not actually operate the
car in order to be arrested. You can still be found guilty if you had
the capability and power to dominate, direct, or regulate the vehicle,
regardless of whether you were exercising that capability or power at
the time of the arrest. In other words, simply sitting behind the wheel
with the keys in the ignition can lead to your arrest for DUI by being
in actual physical control of the car.
- Grunwald & Seaman:
Perhaps you were having a few drinks with friends and as you left the
parking lot, you were stopped by the police. Chances are the Police
were observing the restaurant/bar and simply waited until someone,
unfortunately you, drove away. In the policeÍs mind you were already
presumed guilty. You think you passed those standard field sobriety
test, you know, walk the line, finger to nose and one leg stand, but
next thing you know you are chained to the wall and peppered with
questions and introduced to someone wearing a white lab coat who
repeats the sobriety tests and has you blow into a straw.
The outcome of which will effect you for years to come. No other
accusation in the criminal law will have as far reaching consequences
asæ DWI/DUI-drunk driving. Not only do you face criminal prosecution,
and loss of your driving privileges while the case is pending, and
imprisonment, probation, fines and also possible seizure of your car,
but mandatory license suspension/revocation, imposition of court and
DMV mandated alcohol rehabilitation programs, drug/alcohol evaluation
and testing and often court ordered abstinence.
æ
Moreover, if there was a car crash involved, your own insurance company
will not pay for your own medical care nor damages to you own car and
you risk being sued individually any for injuries suffered by others.
Additionally, should you get your license back your insurance premiums
will be increase 35 % and you are placed in the assigned risk pool
because most insures will drop you as an insured.
æ
Despite the far reaching consequences of a ñsimpleî first timeæ
DWI/DUI, it still amazes me that most of those accused have a caviler
attitude. This ñis no big dealî attitude is fostered, unfortunately, by
those attorneys whom probably share in their clientÍs ignorance of the
complexities and far reaching consequences of aæ DWI/DUI charge.
Gone are the days when drunk driving was viewed as a comical nuisance.
No longer do the police simply drive the person home. Today, law
enforcement spends considerable resources on detectingæ DWI/DUI. Last
year for example Nassau County made over 6,500æ DWI/DUI arrests, and
Suffolkæ DWI/DUI arrests exceed 8,000 and both counties have created
special task forces to combatæ DWI/DUI including specially trained
police and prosecutors.
Law are pending to make it easier to arrest one foræ DWI/DUI and it
seems that almost each year the penalties increase.
Despite the get tough approach towardsæ DWI/DUI and the increased
penalties and likelihood of jail and mandatory loss of license, a
skilled and experienced criminal defense attorney should be able to
uncover factual, legal and evidentiary defenses which can lessen the
impact of the arrest and potential conviction, and in some instances
have the charges dismissed or reduced before trial.
- Hopkins & Kopilow:
If you have been charged with a crime, what do you do? Imagine that you
go out to dinner with your significant other and have a glass of wine.
On your way home, you hear sirens and notice lights in your rear view
mirror. Or, you have an argument with someone and they call the police
and charge you with assault. How do you handle these situations?
Scenarios like the one above are all-too-common. Even if you had
nothing to do with what you are being charged with, your opponent is
now the local, state or even federal government. These are not
opponents to be taken lightly. The government has unlimited resources
to come after you in a relentless fashion.
- Barnett & DeJoseph:
Q. What is a capital offense?
A: A crime for which the death penalty may be imposed.
Q: What is a common-law crime?
A: A crime that is punishable under the common law, rather than by force
of statute.
Q: What is common law?
A: The body of law derived from judicial decisions, rather than from statutes
or constitutions.
Q: What is a computer crime?
A: A crime requiring knowledge of computer technology, such as sabotaging
or stealing computer data or using a computer to commit some other crime.
Q: What is corporate crime?
A: A crime committed whether by a corporate body or its representatives
acting on its behalf.
Q: What is a crime of omission?
A: An offense that carries as its material component the failure to act.
Q: What is a crime of passion?
A: A crime committed in the heat of an emotionally charges moment, with
no opportunity to reflect on what is happening.
Q: What is a federal crime?
A: A criminal offense under a federal statute
Q: What is hate crime?
A: A crime motivated by the victim's race, color, ethnicity, religion,
or national origin.
Q: What is white collar crime?
A: A nonviolent crime usually involving cheating or dishonesty in commercial
matters.
Q: What is the Miranda rule?
A: The doctrine that a criminal suspect in police custody must be informed
of certain constitutional rights before being interrogated.
Q: What is a criminal lawyer?
A: A lawyer whose primary work is to represent criminal defendants.
Q: What is criminal law?
A: The body of law defining offenses against the community at large, regulating
how suspects are investigated, charged, and tried, and establishing punishments
for convicted offenders.
Q: What is a felony?
A: A serious crime usually punishable by imprisonment for more than one
year or by death.
Q: What is a misdemeanor?
A: A crime that is less serious than a felony and is usually punishable
by fine, penalty, forfeiture, or confinement in a place other than prison.
- Andrew Bokser:
You should consult an attorney for individual advice regarding your own situation.
- Brunetti, Ascione, Friedman and Lavalle:
1. If I
have been drinking, and I am stopped by a police officer and
questioned, what should I do?
Under New York law, you are not required to answer any
incriminating questions. When questioned by a police officer as
to if you have been drinking, how much you have been drinking,
or where are you coming from or going, a driver should inform
the police officer that he will not answer any questions until
he speaks to his attorney.
2. If the Police Officer asks that I submit to Field Tests, what
should I do?
Under New York law, a motorist is not required to perform
any physical sobriety test. Given that the tests are highly
unreliable as accurate indicators of a person's intoxication,
and given the conditions these tests are administered under,
most people, even if sober, should indicated to the police
officer that they are not answering any questions, or performing
any tests, until they speak to their attorney. The sad fact is
that no matter how well a person does on these tests, the police
almost uniformly state that the person did poorly on the test by
improperly interpreting the results.
3. I was arrested, and the Police Officer did not read me my
Miranda rights.
Can I get the case dismissed?
No, the Police are not required to administer Miranda rights
when you are arrested. Miranda rights in New York are only
required after the person is in custody (i.e., "under
arrest") and the motorist is being questioned in order to
elicit incriminating information. The only consequence of not
being given your Miranda Rights is that the prosecution will not
be able to use your answers to these questions on their case.
4. Should I take the chemical test?
If a person refuses to submit to a chemical test in New
York, their license will be immediately suspended, and
subsequently revoked by the DMV if the motorist does not prevail
at the DMV refusal hearing, notwithstanding the results of the
criminal action.
The decision to take the chemical test is a personal one. Given
the uncertainty of reliability of the breath test equipment
being used, it is understandable that a person would refuse to
submit to the chemical test, even if sober. I have heard many
instances where a person, who only had one or two, ended up
blowing well above the legal limit. But keep in mind that there
are additional penalties for not taking it, and furthermore, a
jury may be instructed that your failure to submit to the test
can be used as evidence against you.
5. My license was suspended at arraignment for failing the
breath test.
What should I do?
Under certain circumstances, you may be able to get your
full license back immediately, or qualify for a restricted use
license. Therefore, it is important that you contact a qualified
lawyer as soon as possible.
6. If I have refused to submit to the chemical test, should I attend the Refusal
hearing?
Yes, on Refusal cases, many jurisdictions do not offer to
plea bargain down the Driving While Intoxicated charges to
Driving While Ability Impaired. Therefore, it is important to be
able to question the police officer at the DMV hearing so as to
lock him into his testimony. This prior testimony can be used to
evaluate the strengths and weaknesses of your case, and can be
used at subsequent pre-trial hearings or trial. Moreover, on
many occasions, a qualified lawyer may be able to get your
license back after the hearing, and on those occasions where the
police officer does not show up, your license will be returned
to you pending the hearing. If you fail to show up, you have
waived your hearing, your license will be revoked, and a civil
penalty imposed. Keep in mind that if you chose to testify at
the DMV Refusal Hearing, anything you say can be used against
you.
7. Should I hire a lawyer?
Yes, many courts will not allow a person to represent
themselves on a criminal charge unless qualified. Driving While
Intoxicated cases are highly complex cases. Therefore, it is
wise to hire an attorney who is experienced in this field to
represent you. A qualified attorney will analyze the case
against you, beginning to end, by reviewing the maintenance
records of the breath test machine, looking for illegalities in
the stop of your car and your arrest, and moving to suppress
evidence against you that was obtained unlawfully. By fully
reviewing the facts of your case, your lawyer can help negotiate
a plea to a lesser charge, if you desire, or take the matter to
trial. In addition, a qualified lawyer can assisted you in
obtaining your conditional license and prepare you for the
Drinking Driving Program.
8. How reliable is breath testing in determining a
person's Blood Alcohol Content?
Based upon the research that has been conducted, breath
testing is not a very reliable in determine a person's true
blood alcohol content. Given that the machines are based upon
assumptions about the individual suspect that may not be true,
breath testing is at best a shot in the dark in determining a
person's accurate blood alcohol content at any given time.
9. If I blew a .10 or more, does that make me guilty of DWI?
No, just because a person blows a .10 or more doesn't make
them automatically guilty of DWI. In order to convict a person
of DWI based upon a reading, the prosecution must prove that at
the time of operation of the vehicle the motorist's Blood
Alcohol Content was .10 or more. In New York, a reading of .10
or more within 2 hours of the motorist's arrest allows a jury to
infer, if they wish, that at the time of operating the motor
vehicle, the driver had a BAC of over .10 or more.
However, there is no requirement that the jury draw this
inference, and they are free to reject this inference, if they
wish, for any reason. Depending upon when a person had finished
their last drink, on many occasions, a person BAC, at the time
of operating the motor vehicle, can be much lower than it is at
the time the test is taken. While a person will only burn off
about .02 an hour on the average, a person can go up more than
.10 an hour. Given that the breath test is usually taken much
later, it is almost impossible to say with any certainty that
the person was .10 or more at the time of operation based upon
one test.
10. Where can I find a qualified lawyer who handles DWI?
Ask around the local court. Most of the court personnel,
legal aid lawyers, or court officers know which lawyers are the
most experienced at handling DWI cases.
- Paul Senzer:
Our justice system rates among the best ever
invented. But --for better or worse-- the law
relies not upon some vague quest for common
ground or "truth". Instead, adversaries are pitted
against each other in a form of mortal combat. Lawyers battle each
other for the win; each insisting that his or
her side has the corner on virtue; that
the opposition is simply wrong, if not "evil".
- Foley, Griffin,
Jacobson & Faria:
Traffic violations can have serious criminal consequences,
particularly when a driver is accused of driving under the
influence of alcohol or drugs. A DWI conviction will result in
fines, the revocation or suspension of your driver's license,
and possible jail time. In addition, your insurance company
will increase your rates. Recently, most New York State
jurisdictions have adopted a policy of seeking the civil
forfeiture of vehicles used during the commission of DWI
related offenses.
- Keith, Shapiro &
Ford:
DWI is a serious criminal charge, and we recommend that no
one represent themselves in such a matter. Should you
decide against retaining our services for your drunk
driving matter, we still strongly suggest you seek legal
counsel experienced in criminal defense for advice.
- Paul Boronow:
In New York State, the laws are very strict regarding the operation of a motor vehicle when a person is impaired or intoxicated based on the consumption of alcohol or drugs. A person can be charged with driving while intoxicated (DWI), driving while ability impaired (DWAI), and driving while ability impaired by drugs. These charges are violations of section 1192 of the New York Vehicle and Traffic Law (VTL), are very serious in nature and require experienced legal representation. The Law Offices of Paul A. Boronow, P.C. have been successfully representing individuals charged with DWI for the past twelve years.
When pulled over by the police based on a suspicion of DWI, the investigation may include a field sobriety test, a breathalyzer test, and a general observation of your condition by the police. You have certain rights to refuse the tests, as set forth more fully below. If you are in custody you can invoke your right to your attorney. The result of the police investigation can result in your being charged with an alcohol or drug related driving violation. The severity of the charges depends on the results of the investigation and your prior record. If you have a prior DWI conviction within the past ten years you can be charged with a felony and face state prison time.
There are several different charges the police can file against you relative to driving while under the influence of alcohol or drugs, as follows:
- DWI: Driving While Intoxicated; .08 blood alcohol content (BAC) or higher or other evidence of intoxication.
- DWAI: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
- DWAI / Drugs: Driving While Ability Impaired (by a drug that is not alcohol).
- Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC.
The Law Offices of Paul A. Boronow, P.C. has successfully had DWI charges reduced and dismissed. The lawyers at the Law Offices of Paul A. Boronow, P.C. may be able to plea bargain your case and in many instances avoid jail time and long term loss of your driving privileges. The Court has the power to impose jail time, probation, or a conditional discharge, require the attendance and completion of the Drinking Driver Program (DDP), the purchase and installation of an ignition interlock system (a device that measures BAC before allowing the vehicle to start), and host of other measures. The Court will not usually require a first time offender to serve jail time, but has the authority to order a person to serve a year in jail. Second or third time offenders face much more serious charges, many times a felony, and can face state prison time.
Upon being arrested your driving privileges will be either suspended or revoked depending upon the circumstances of your case. You have certain rights to have your driving privileges reinstated depending on the charges and your compliance with the breathalyzer testing. You may be entitled to a hardship license or a conditional license. Application for the foregoing is very limited and must be done in a timely fashion. After conviction you may also be entitled to a conditional license based on your completion of the Drinking Driver Program (DDP).
You have a right to refuse a breathalyzer test. Such refusal will result in the administrative revocation of your driving privileges by DMV for a minimum six month period and a civil fine. The revocation can be challenged by having your attorney demand and attend an administrative hearing where the police have the burden of proving the refusal. If the hearing is not held within fifteen days, your driving privileges must be restored pending the final determination after the hearing. The hearsay rules do not apply and the administrative judge can make a determination by review of the police department file without the attendance of the officer to give testimony. Obviously, the assistance of an experienced attorney is critical to the success of the hearing.
Under New York State law all motorists have the qualified right to call and consult with a lawyer before deciding to take or refuse a breathalyzer or field sobriety test. The officer is required to allow you access to a telephone to speak with your attorney prior to continuing the investigation. Invoking this right does not give DMV the right to revoke your driving privileges.
Additionally, once in custody, you have the right to invoke your right to silence and your right to an attorney, which would again delay the investigation from proceeding and would delay any testing.
The following chart explains the penalties for alcohol and drug related driving violations:
Penalties for Alcohol-related and Drug-related Violations (Non-CDL) |
Offense |
Fine |
Jail Sentence |
Effect on Driver’s License |
Driving While Intoxicated (DWI) |
$500 - $1,000 |
1 year |
Revoked for at least six months |
Second DWI violation in 10 years (E felony) |
$1,000 - $5,000 |
4 years |
Revoked for at least one year |
Third DWI violation in 10 years (D felony) |
$2,000 - $10,000 |
7 years |
Revoked for at least one year |
Driving While Ability Impaired (DWAI) |
$300 - $500 |
15 days |
Suspended for 90 days |
Second DWAI violation in 5 years |
$500 - $750 |
30 days |
Revoked for at least six months |
Third DWAI violation in 10 years
Zero Tolerance Law |
$750 - $1,500
$125 civil penalty and $100 fee to terminate suspension
|
180 days
None
|
Revoked for at least six months
Suspended for six months |
Second Zero Tolerance Law |
$125 civil penalty and $100 re-application fee |
None |
Revoked for one year or until age 21 |
Chemical Test Refusal |
$300 civil penalty ($350 for commercial drivers) |
None |
Revoked for at least six months. |
Chemical Test Refusal within five years of a previous DWI-related charge |
$750 civil penalty |
None |
Revoked for at least one year. |
Chemical Test Refusal
---------------
Zero Tolerance Law |
$300 civil penalty and $50 re-application fee |
None |
Revoked for at least one year. |
Chemical Test Refusal
---------------
Second or subsequent Zero Tolerance Law |
$750 civil penalty and $50 re-application fee |
None |
Revoked for at least one year. |
Driving Under the Influence(Out-of-State) |
N/A |
N/A |
Revoked at least 90 days. If less than 21 years of age, revoked at least one year. |
Driving Under the Influence(Out-of State) with any previous alcohol or drug violation |
N/A |
N/A |
Revoked at least 90 days. If less than 21 years of age, revoked at least one year or until age 21 (longest term). |
There are additional surcharges added to the fines. There are different penalties for CDL drivers and drivers under the age of twenty one years of age. |
The following chart is an estimate of blood alcohol concentration after one hour of consumption:
Number of Drinks |
Body Weight (Pounds) |
Will it affect your driving? |
|
100 |
120 |
140 |
160 |
180 |
200 |
220 |
240 |
|
1 |
.04 |
.03 |
.03 |
.02 |
.02 |
.02 |
.02 |
.02 |
May be Under the Influence |
2 |
.06 |
.06 |
.05 |
.05 |
.04 |
.04 |
.03 |
.03 |
3 |
.11 |
.09 |
.08 |
.07 |
.06 |
.06 |
.05 |
.05 |
Under the Influence |
4 |
.15 |
.12 |
.11 |
.09 |
.08 |
.08 |
.07 |
.06 |
5 |
.19 |
.16 |
.13 |
.12 |
.11 |
.09 |
.09 |
.08 |
Legally Intoxicated |
6 |
.23 |
.19 |
.16 |
.14 |
.13 |
.11 |
.10 |
.09 |
7 |
.26 |
.22 |
.19 |
.16 |
.15 |
.13 |
.12 |
.11 |
8 |
.30 |
.25 |
.21 |
.19 |
.17 |
.15 |
.14 |
.13 |
9 |
.34 |
.28 |
.24 |
.21 |
.19 |
.17 |
.15 |
.14 |
10 |
.38 |
.31 |
.27 |
.23 |
.21 |
.19 |
.17 |
.16 |
A general rule of thumb is that one drink is metabolized to the point of elimination from your blood stream in one hour. Other factors that affect the time to metabolize a drink are a person’s weight, whether they have eaten, their level of fatigue, the type of drink consumed and many other factors. Obviously the best way to avoid a DWI charge is not to drink at all if you are going to operate a motor vehicle.
Blood alcohol testing is usually done with a breathalyzer machine. The breathalyzer is designed to test persons having a 2100/1 blood to breath ratio. The ratios actually vary from 1100/1 to 3200/1 and, accordingly, the difference can produce flawed test results. In 14% of the population a test will result in an artificially high result. Other variables that affect the accuracy of the test include the temperature of the breathalyzer machine (cold or hot days) and the body temperature of the person being tested. Based on the unreliability of breathalyzer tests the National Safety Council Committee on Alcohol and Other Drugs has recommended that a minimum of two separate breaths be taken (which is not the usual practice and procedure of law enforcement in New York State.) Since the test sample(s) cannot be saved, defense counsel are deprived of a subsequent test of the same sample at a later date to confirm or refute the test results which is even more circumstantial evidence indicating unreliability. Although the testing is not extremely reliable, it has been consistently relied upon by the New York State Courts in convicting individuals for DWI offenses. Your attorneys should be well versed in the intricacies of the testing machines and the issues to raise on cross examination of the police officer to have the test results set aside.
Commercial Driver Licenses
If you have a CDL license the rules are stricter for alcohol and drug related driving violations. DWI Per Se level I requires a BAC of between .04 and .07. DWI Per Se level II requires a BAC greater than .07 and less than .10. If you have three offenses within five years your CDL privileges will be revoked for life with no possible waiver of the revocation. If you have been arrested for a DWI while operating a motor vehicle that requires the operator to hold a commercial driver license, contact the office and we will explain the ramifications of the possible conviction as it relates to your right to retain your CDL driving privileges, and the possible fine and jail time that are possible for the violation charged. As your right to continue to earn a living by driving is going to be affected, do not delay in consulting with our office and ascertaining your legal rights.
If you have been charged with DWI, DWAI, or any alcohol or drug related driving violation, you should consult with experienced DWI attorneys without delay so you can determine and protect your legal rights.
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