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Hempstead DWI Lawyers

1. Sharifov & Russell: DWI Intoxication One way prosecutors prove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the breath or blood. These tests are usually administered by machines, such as the Breathalyzer. In every state, a person with a blood-alcohol concentration (BAC) over .08 is considered legally intoxicated. Implied-consent laws create the legal presumption that if a person takes advantage of the privilege of driving, he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take a chemical-alcohol test, his or her drivers license may be revoked or suspended. BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the test equipment. Other types of evidence used by prosecuting attorneys to show intoxication include drivers' statements, witness and police observations of behavior and driving patterns, and circumstantial evidence. Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at the scenes of traffic stops. Common field sobriety tests include: Finger-to-nose test Walk-and-turn test Horizontal-gaze-nystagmus test Picking up coins Counting backwards Reciting the alphabet Throwing and/or catching a ball Standing on one leg WHAT HAPPENES IF A DRIVER REFUSES TO SUBMIT TO A CHEMICAL TEST? If motorist refuses to submit to a chemical test after being arrested, upon his arraignment, his license will be immediately suspended by the presiding judge. The license will remain suspended for 15 days or until the date of the DMV hearing, whichever comes first. Failure of the motorist to appear at the DMV hearing constitutes a waiver and will result in revocation. At the time of such DMV hearing an administrative judge will decide the following: Whether the arresting Police Officer had reasonable grounds to believe that the motorist was operating his vehicle in violation of any subdivision of Article 1192. Whether the arrest of the motorist was lawful Whether the motorist was given sufficient warning in clear and unequivocal language prior to his refusal to submit to the chemical test or any portion thereof would result in the immediate suspension or revocation of their license or privileges whether or not they were found guilty of the charge for which they were arrested. Whether the motorist refused to submit to the chemical test. *** DMV HEARING IS VERY VERY IMPORTANT HEARING NOT ONLY BECAUSE AN ADVERSE FINDING WILL HAVE A SEVERE CONSEQUENCE ON THE MOTORIST BUT ALSO FOR THE CRIMINAL CASE AGAINST THE MOTORIST. THEREFORE, MOTORIST/DRIVER MUST RETAIN EXPERIENCED ATTORNEY TO REPRESENT HIM AT THIS HEARING NEW YORK DWI PENALTIES Ð Depending on the level and type of DWI offense (e.g., Aggravated DWI, DWI, DWAI, DWAI-Drugs, DWAI-A/D, etc.), how many prior convictions appear on your record, and even the particular county in which you were accused, plea offers and penalties can vary. Below is a short, basic introduction to the penalties associated with a conviction for various DWI-related offenses. The list by no means lists all of the penalties and consequences associated with any DWI-related conviction. Only a DWI attorney can provide you with that level of knowledge and detail. First offense DWAI: ¥ A fine of no less than $300 and no more than $500. ¥ Possible jail time of up to 15 days. ¥ Loss of license for 90 days. First offense DWI or DWAI-Drugs (i.e., no prior DWI convictions within 10 years): ¥ A fine of no less than $500 and no more than $1,000. ¥ Possible jail time of up to 1 year. ¥ Loss of license for at least 6 months. First Offense DWAI-A/D: ¥ A fine of no less than $500 and no more than $1,000. ¥ Possible jail time of up to 1 year. ¥ Loss of license for at least 6 months. First Offense Aggravated DWI: ¥ A fine of no less than $1,000 and no more than $2,500. ¥ Possible jail time of up to 1 year. ¥ Loss of license for at least 1 year. DWI is an incredibly technical field Ð in terms of the law, in terms of the fact pattern associated with each DWI case, in terms of the science involved, and in terms of how the DMV and criminal justice system treats it. Because of this, you need a lawyer who is current with ever-changing DWI laws, who is experienced in all Trial Courts of the State of New York, and who will fight to protect your rights and privileges.
2. May, Catherine: DUI & DWI The crime of drunk driving is also known as "driving under the influence," or DUI, and "driving while intoxicated," or DWI. In some states, the crime may be known as "operating while intoxicated, or OWI, or "operating under the influence," or OUI. The names vary according to how state laws refer to or define the crime. Whatever the name, the state laws all have a common aim of punishing those who drive while under the influence of alcohol or illegal drugs. A drunk driving conviction carries with it serious and long-lasting consequences: jail or prison time, a heavy fine, and suspension or revocation of a driver's license. A person who is facing a drunk driving charge should not hesitate to seek immediate legal counsel from an experienced drunk driving defense attorney. Drunk Driving: Elements of the Offense No matter what the name of the crime might be-DUI, DWI, OUI, or OWI-the first element of the crime is "driving," or "operating," a motor vehicle. This language is intended to describe the level of physical control a person has over the motor vehicle. In many states, operating or driving does not require that the vehicle actually be in motion, or even that the engine be running. A person who is found sitting behind the wheel of a car may be convicted of driving or operating the car while under the influence. Courts have even convicted people sitting behind the wheel of a car while it is being towed. Passengers are seldom considered operators or drivers unless they grab the steering wheel. As used in the drunk driving laws, the term "vehicle" is defined more broadly than just "motor vehicle." Usually, a "vehicle" is defined as anything that carries people or goods. A "motor vehicle" is something powered by a motor or engine. Either term can include cars, trucks, even motorboats. Most laws draw a distinction between inoperable vehicles and those that are only immobile-capable of moving, but not moving at the time. Legal distinctions such as this are one reason you need an experienced drunk driving defense attorney to give your case the careful analysis needed. Another element of a drunk driving charge is the location of the offense. Older drunk driving laws often included limiting phrases, such as "on the public highways of the state." Many judges relied on that language to conclude that the drunk driving laws did not apply to someone driving on private property, including parking lots. Modern laws, however, require only proof that the offense took place within the boundaries of the state. Proof of a Drunk Driving Charge Drunk driving laws are intended to prevent the operation of a powerful and potentially dangerous machine when the operator cannot be in adequate control. Intoxication is shown in one of two ways: (1) a blood alcohol level in excess of a certain amount, or (2) proving that the driver or operator was impaired from the use of alcohol or illegal drugs. The first method is the method preferred by prosecutors. The proof does not rely on anyone's observation or judgment of someone's behavior, but depends solely on the results of a blood alcohol test. Laws often require a person who is suspected of driving while drunk or using illegal drugs to give a sample of his or her blood or breath for chemical testing purposes. These laws are known as "implied consent" laws, because they provide that by operating a motor vehicle, the driver has given his or her consent to such a test. When a sample is taken, it is analyzed by a machine to determine the concentration of alcohol in a person's blood. The maximum blood alcohol level varies from state to state. For many years, the most common maximum level was .10 percent, but most states have now lowered the level to .08. Any driver or operator who has a blood alcohol level over the legal limit is considered legally intoxicated. The results of the test are usually considered conclusive, and can be challenged only by showing that the test failed for a reason such as faulty or malfunctioning test equipment, improper sampling, faulty preservation of the sample, or (in the case of a breath test) a foreign object in the mouth when the test was conducted. Impairment may also be proven by the facts and circumstances surrounding the incident for which the driver was stopped or arrested. These facts and circumstances include observations of the driver by eyewitnesses, statements made by the driver or operator, and circumstantial evidence (for example, evidence that a defendant left a bar after being inside for several hours). The inquiry focuses on whether the defendant's ability to drive was impaired. Law enforcement officers have a number of standard tests for impairment, done at the time a driver is stopped, known as "field sobriety tests." These tests include walking a straight line by placing one foot directly in front of the other, holding one's arms straight out at the sides and touching the nose with closed eyes, counting backwards, and reciting the alphabet. Other evidence of impairment may include a law enforcement officer's observation of the defendant's driving, which probably was the reason the driver was stopped in the first place. Conduct such as driving too fast or too slowly, weaving across lanes, and going through stop signs or stoplights may be considered evidence of a driver's impairment. Drivers often will tell an officer who stops them that they have been drinking, how much they've had to drink, and when they had it. Such statements may also be evidence of impairment. Drunk Driving Penalties In the last twenty years, the penalties for drunk driving have become far more severe than they were in the past. First-time offenders face potential jail time and fines, although often the penalty for a first-time offense will be something less than jail time in exchange for a guilty plea. Repeat offenders are usually treated more harshly, with substantial fines and mandatory jail sentences that may not be suspended or waived by the court. State administrative regulations often call for the suspension or revocation of a defendant's driver's license, in addition to any criminal penalty. Defendants have sometimes tried to make the argument that this administrative suspension is double jeopardy prohibited by the U.S. Constitution, but these arguments have never succeeded. Conclusion A drunk driving charge is a serious criminal charge. Most of us rely on the ability to drive to do many everyday things, such as getting to work, buying groceries, and transporting family members to activities like lessons, medical appointments, and school. A person who is charged with drunk driving stands an excellent chance of losing his or her driving privileges either temporarily or permanently, and also runs the risk of suffering more severe consequences, such as a fine or a jail sentence. If you have been accused of a drunk driving offense, contact an experienced drunk driving defense
3. Jeanne Marie Beckman: The New York State Dept. of Motor Vehicles can: * Mark the CONVICTION & POINTS on your driving record, * Impose a fine called an "ASSESSMENT" for three years and * SUSPEND OR REVOKE your license.
4. Herman & Bernardo: There are several advantages in having a lawyer assist you in these matters.  It often will result in the best possible plea given your situation which will reduce the number of points you receive, may avoid license suspension or revocation, and avoid high fines and insurance increases associated with pleading guilty to a more serious charge.
5. Hirsch & Hirsch: While there is no general emergency exception, certain emergencies justify performing a warrantless search or arrest. Under the "exigent circumstances" exception, police may perform a warrantless search or arrest where an emergency prevents them from obtaining a warrant. Emergencies that qualify as exigent circumstances include situations that make obtaining a warrant impracticable or unreasonable, such as: € When police have reason to believe that someone's life is in danger (including their own) € When police are in "hot pursuit" of a fleeing felon (e.g., to prevent a suspect from resisting or escaping) € When there is probability that a suspect might destroy evidence before a search warrant can be obtained (e.g., flushing drugs down the toilet) € When evidence is likely to disappear before a warrant can be obtained (e.g., a blood sample containing alcohol or fingernail scrapings) € When there is a threat to property (e.g., burning fires)
6. Daniel Conti: Throughout the country, driving while under the influence of alcohol has become a much more serious crime than it was just a few years ago. In New York DWI laws have become more strict. Jail time has become more likely for repeat offenders, and judges have the power to suspend a motorist's license at the time of his or her arrest. At the same time, driving with a suspended license has become a more serious offense, with the increased possibility of jail time and even felony conviction.
7. Stephen Epstein: If you are in the process of choosing a lawyer to handle a DWI case, be sure to choose an attorney who is experienced in handling DWI cases, not one who handles a couple a year.