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New York City DWI Lawyers

  1. Steinberger, Jason : White Collar Crimes Accounting Fraud Bank Fraud Bankruptcy Fraud Bribery Computer Hacking Counterfeiting Credit Card Fraud Currency Violations Embezzlement Environmental Crimes Extortion Forgery Fraud Government Fraud Health Care Fraud Identity Theft Import/Export Crimes Insider Trading Internet Fraud Internet Theft Investment Fraud Insurance Fraud Laboratory Fraud Mail Fraud Medicaid Fraud MediCal Fraud Medicare Fraud MLM Crimes Money Laundering Mortgage Fraud Organized Fraud Obstruction of Justice Prescription Fraud Procurement Fraud Public Corruption RICO Charges Securities Fraud Tax Fraud Telemarketing Fraud Theft Uttering a false or forged instrument Wire Fraud Witness Tampering Drug Crimes Narcotics and Marijuana Cultivation Distribution Importation Manufacturing Possession for Sale Sale of Narcotics and Marijuana Trafficking Transportation home Sex Crimes Child Abuse Child Enticement Child Molestation Child Pornography Child Procurement Date Rape Exploitation Failure to Register Indecent Exposure Internet Pornography Lewd Conduct Pandering Prostitution Rape Sexual Assault Sexual Battery Sexual Imposition Sodomy Solicitation Spousal Rape Statutory Rape General Crimes Armed Criminal Action Armed Robbery Arson Assault & Battery Auto Theft/Carjacking Burglary Child Abuse Criminal Contempt Depraved Indifference D.A.T. (Desk Appearance Ticket) Disorderly Conduct Domestic Violence DWI (Driving While Intoxicated) DUI (Driving While Impaired) Gun Possession Gun Sale Grand Larceny Graffiti Harassment Hate Crimes Juvenile Crimes Kidnapping Leaving the Scene of an Accident Manslaughter Mayhem Menacing Murder Obstruction of Governmental Administration Petit Larceny Robbery Reckless Driving Reckless Endangerment Shoplifting Telephone Harassment Violations of Family and Criminal Court Order of Protections Vehicular Manslaughter
  2. Mehrfar, Adam: A Driving While Intoxicated (DWI or DUI) is unlike any other criminal caseÑthe evidence is heavily scientific, requiring expertise in chemistry, molecular biology, pharmokonetics, and human physiology. It is not the type of case that any criminal defense attorney can take, the attorney must be proficient in the science behind the evidence. Being arrested and charged with a DWI in New York can be one of the worst experiences of your life. Not only did you have to go through the terrible process of being arrested and forced to take sobriety/breath tests, you face losing your license or even worse, jail time. The whole process can be confusing and frustratingÉfrom the breath test to the sobriety coordination exams to the possibility of losing your license, itÕs important that you make the right decision on how to proceed.
  3. Potashnik, Joseph: Imagine you have just received notice that you are being called into battle. Your adversary is much stronger than you are, and known to be fearsome and relentless. You have no choice but to go, yet you are well aware that your very life and livelihood are at stake. On the eve of battle, are you going to choose armor that is rusty and brittle? A sword that is flimsy and blunt? A shield that is weak and full of holes? Being charged with a federal crime is in many ways like being called to fight a long and difficult battle. The stakes here, unfortunately, are just as real and serious. Your livelihood, reputation and freedom could be stripped from you. Under these circumstances, your choice of a criminal defense attorney is exactly like your choice of armor. Indeed, when all other factors remain unknown or out of your controlÑthe charges, the prosecution, the judgeÑthis is the one area where you have the power to make the right or wrong choice. The wrong choice is to be nonchalant and passive about your pick of a criminal defense attorney: to hastily seek out the cheapest representation you can find. The right choice is to don the best and brightest armor for when you ride into the battlefield: a highly skilled, thoroughly prepared criminal defense attorney who will defend your rights in court to the very end.
  4. Graber PLLC: * Tax Evasion * Insider Trading/Antitrust Violations * Forgery/Grand Larceny/Identity Theft * Fraud/Counterfeiting * Money Laundering/Embezzlement * Obstruction of Justice/Perjury * Extortion/Bribery/Blackmail * Racketeering/Corruption Charges * DWI/DUI/Criminal Violations * Drug Possession/Sale/Prescription Drug Fraud * Weapons and Gun Charges * Assault/Harassment * Burglary/Robbery * Environmental Crimes * Conspiracy * Labor Law Charges
  5. Pelosi, Lisa : Driving Under the Influence - Wikipedia Driving under the influence of alcohol (driving while intoxicated, drunk driving, drinking and driving, drink-driving) or other drugs, is the act of operating a motor vehicle (and even a bicycle, boat or horse in some jurisdictions) after having consumed alcohol, to the degree that mental and motor skills are impaired. It is a crime or offense in most countries around the world. Is there a Difference Between a DUI and a DWI? Both DUI and DWI are terms that refer to operating a motor vehicle while impaired by illegal drugs or alcohol. The biggest difference between the two is only in what the letters stand for. DWI is an acronym for driving while intoxicated or impaired and DUI stands for driving under the influence. Throughout the United States, the laws vary regarding how a DUI or DWI is dealt with.
  6. Signorelli, Richard: Criminal Defense and General Civil Litigation
  7. Bachrach, Michael: Violent Crimes White Collar/Non-Violent Crimes Capital Defense Federal Sentencing Appeals
  8. Kaufman, H: Criminal appeals on grounds such as unconstitutional search and seizure, evidentiary issues, sentencing issues, prosecutorial misconduct, withholding of evidence or ineffective counsel actions. Examples of criminal cases we handle include capital crimes, white collar and corporate crime, federal drug conspiracies, RICO actions, assault, and related offenses.
  9. Asher Law Group: Driving While Intoxicated (DWI) is a crime. In NYS, the penalties include the loss of driving privileges, fines, and a possible jail term. Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions: 1. the amount of alcohol you drink, 2. the amount of food you eat before or while you drink alcohol, 3. the length of time you drink alcohol, 4. your body weight, and 5. your gender. There is no quick method to become sober. The best method is to wait until your body absorbs the alcohol. The average rate that your body processes alcohol is approximately one drink per hour. Generally 1 drink equals 1 ounce of 100-proof liquor, one five ounce glass of table wine or one 12-ounce bottle of regular beer. Most people need about one hour to metabolize one drink. If a police officer believes you are intoxicated, you will be arrested and requested to take a BAC test. If convicted you will face a substantial fine, license revocation, higher insurance costs, legal fees and a possible jail sentence. (See Section 1192, NYS Vehicle & Traffic Law) If you refuse to take the BAC test your license will be suspended by DMV at arraignment and later there is the possibility that it may be revoked at a hearing. You are also subject to a civil penalty of $200-500. (Section 1194, NYS Vehicle & Traffic Law) The alcohol and drug-related violations in New York State are as follows: DWI: Driving While Intoxicated; .08 blood alcohol concentration (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). Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation and must pay a $300 civil penalty ($350 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge will have their driver license revoked for one year and must pay a $750 civil penalty to apply for a new driver license. Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law. Penalties for Alcohol-related and Drug-related Violations Violation Mandatory Fine (1) Maximum Jail Term Mandatory Driver License Action (2) 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 Zero Tolerance Law $125 civil penalty and $100 fee to terminate suspension None 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-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). 1. Surcharges are added to misdemeanors ($160) and felonies ($270). 2. The driver license penalties for drivers under the age of 21 and for professional drivers are different. If you receive your first conviction for DWI or DWAI and you participate in the Drinking Driver Program (DDP), you can usually receive a conditional license. The DMV determines if you are eligible for the DDP. A judge can stop your enrollment in the DDP. Consequences of DWI conviction can result in prison, fines, loss of driving privileges, increased or canceled car insurance, lost job opportunities, as well as significant personal impact. Many employers will not hire you if you have a drunk driving conviction in your driver's history. Some companies go back a certain number of years. Others look back as far as your state's driver's history will report a record. Each state's drivers history is different. Being convicted of a DWI may cause your insurance rates to go up or worse. Whether your rates go up depends on whether your insurance company finds out about your arrest and what its rules are for drivers who are arrested for a DUI. Insurance companies generally check motor vehicle records on their policyholders every three years, so a DUI arrest might go unnoticed. Their focus is generally on convictions (pleading or being found guilty of charges) rather than on DUI charges alone. However, even if your insurance company does notice your DUI, there's no guarantee that it would cancel your policy or raise your insurance rates. Rules vary by insurance company but insurers say they generally look at a policyholder's total driving record and claims history when considering what penalty, if any, they will assess for a DUI.
  10. Farrell, Gary: If you have been accused of a crime or believe that you may be the target of a criminal investigation, you know that your future is on the line. You know it is vital that you get experienced legal representation immediately.
  11. Neil Rockind and Moss & Colella: An arrest for drinking and driving is a lot more serious than a traffic ticket. If convicted, you will be tangled up in a web of consequences that may include huge fines, increased insurance rates, a suspended license, immobilization or forfeiture of your car, and even jail time.
  12. Ollen, Daniel: * Criminal Conspiracy * Fraud * (DWI) Driving While Intoxicated * Grand Jury Practice * Mail Fraud * RICO Violations * Weapons Charges * Wire Fraud * Assault * Burglary * Drug Crimes * White Collar Crime * Felonies * Misdemeanors * Homicide * Capital Offenses
  13. DeLeon & Associates:

    Search & Seizure Protections

    The Fourth Amendment of the Constitution protects an individual against unreasonable searches and seizure of his or her person or property. A search may involve an inspection of the person or his or her surroundings or property. Government authorities may seize individuals by stopping them or otherwise restricting their movements. Property is seized when the government takes control of it. Usually, but not always, if a seizure of property is invalid, it is because the seizure was preceded by an invalid search.

    In the seizure of persons there has been considerable litigation involving when the government (usually the police) can restrict someone's movement. Police interactions with individuals may range from an investigatory stop to a full-blown arrest. The more freedom retained by the person when the police interact with him or her, the lower the level of suspicion required for the police to engage in that interaction. For example, if police merely stop someone to ask questions, all that is usually required is that the police have a reasonable suspicion that a crime has occurred or that the person is in need of assistance. If there is no control and a person is really free to leave, there is no seizure. However, in many instances where the police stop a person, that person has a reasonable perception that he or she is not free to leave. The first question may then be whether there actually was a seizure.

    If a person is subject to seizure, such as an arrest, that seizure can be made pursuant to a warrant. A warrant is a court order authorizing an arrest or search. Where there is a warrant, the seizure is presumptively valid. The presumption of validity can sometimes be overcome. For example, a warrant may be invalid if it was obtained by false or misleading statements to the judge. If the police do not have a warrant, the burden will be on the police to show that the circumstances warranted the seizure. In most instances, the police will have to demonstrate probable cause, that is, a reasonable belief that a crime was or is going to be committed and that the person seized was involved in the crime.

    If an arrest or other seizure of the person is invalid, then the person must be released. If the police obtained evidence as a result of the invalid arrest, the government may be prohibited from using that evidence at the person's trial. This is the exclusionary rule. This rule also applies to evidence that was obtained as the result of an invalid search.

    A search does not take place unless the investigation intrudes on a person's privacy. It seems clear there is no search if the police find something lying on the sidewalk or hanging out of someone's pocket. On the other extreme, if they look in a bedroom drawer, it seems pretty clearly to be a search. The distinction lies in the reasonable expectation of privacy. If someone has a reasonable expectation of privacy in an area of his or her person or property, police investigation of that area is a search. If there is no such expectation, or if the expectation is not reasonable, no search has been conducted.

    A search warrant must describe the area to be searched and what the police are searching for. The search must be reasonable in relation to the evidence sought. For example, if the police claim to be searching for a car, they can look in a garage but will not be able to look in a toolbox in the garage.

    Searches can also be valid if they are done with the consent of someone who has control of the property. This need not be the owner. During an arrest, police can search the arrestee and the immediate surroundings to search for weapons or evidence that might be destroyed. Following similar reasoning, police may search without a warrant where the search is necessary to protect against destruction or removal of evidence. This is a commonly used exception to the warrant requirement. Police may also conduct searches to protect the public from imminent danger, such as the planting of a bomb, or to search for fleeing criminals.

  14. Wilens & Baker:

    The Consequences

    This year, over 2 million people will be arrested and charged with drinking and driving. Many of these people will not challenge the accusations against them and will just plead guilty to get it over with. What these people dont understand is that a conviction for drinking and driving can have severe long-lasting consequences that go above and beyond loosing your license.

    Did you know that a conviction for DWI
    can have the following consequences?

    1. It can be the basis for a current employer to fire you and future
      employers to refuse you employment.
    2. Your insurance carrier can label you a "high-risk driver" and significantly
      raise your rates.
    3. Some countries use a DWI conviction as a basis to refuse you
      and your family entry into their country.
    4. A second conviction for DWI could subject you to severe criminal
      punishment, such as jail time.

    These severe consequences are excellent reasons why people accused of DWI
    should FIGHT their case and not merely accept the police and prosecutors
    accusations. Unfortunately, criminal defense attorneys who do not specialize in
    DWI do not understand the intricacies of DWI law and do not possess the skills,
    experience, and resources to mount a successful defense.

    Our expertise in DWI law enables us to spot critical issues that can turn what first appears to be a prosecutors "slam dunk case" into a weak one. Our attorneys are proven "fighters," tough negotiators, known for making critical motions, and winning cases at trial. Our attorneys are skilled at analyzing the strengths and weaknesses of your case, explaining the law and science of DWI, evaluating your chances at trial, and providing you with all the necessary information to make informed choices before proceeding to court.

    The Penalties (According to NYS DMV)

    DWAI (Driving While Ability Impaired)

    Blood Alcohol Content more than .05% up to .07%

      nFine nJail Sentence nLicense Action

    n1st Offense

    		n$300 - $500 nUp to 15 Days n90 Day Suspension

    n2nd Offense
    nWithin 5 Years

    		n$500 - $750 nUp to 30 Days nMinimum 6 Month
    nRevocation*
    n3rd Offense
    nWithin 10 Years    		 n$750 - $1500 nUp to 180 Days nMinimum 6 Month
    nRevocation*

    DWI (Driving While Intoxicated)

    Blood Alcohol Content of .10% and over, or other evidence of intoxication

      nFine nJail Sentence nLicense Action
    n1st Offense n$500 - $1000 nUp to 1 Year nMinimum 6 Month
    nRevocation*

    n2nd Offense
    nWithin 5 Years

    		n$1,000 - $10,000 nUp to 4 Years  nMinimum 1 Year
    nRevocation*

    n3rd Offense
     nWithin 10 Years

    		n$2,000- $10,000 nUp to 7 Years nMinimum 1 Year
    nRevocation*

    ZERO TOLERANCE

    Drivers Under 21 (DMV Administrative finding of .02 to .07 Blood Alcohol Content

      nCivil Penalty nLicense Action nAdded Fee
    n1st Offense nMinimum $125 n6-Month
    nSuspension

    n$100 Suspension
    T    Termination Fee

    n2nd Offense

    		nMinimum $125 n1-Year Revocation,
    nor until 21, whichever
    nis longer     		 n$100 Re-Aapplication
    nFee

    * The NYS Department of Motor Vehicles decides when your license can be returned. Its return or
    reinstatement, based on state law or regulation, is not automatic. You must reapply for your license
    and may have to take a test.

    Tips to Minimizing Your Risk of Being Convicted of DWI, Drunk Driving or Driving Under the Influence in New York

    1. When questioned for DWI or drunk driving before arrest, you are not in custody for purposes of Miranda warnings. If you politely refuse to answer any of the cops questions concerning the DWI investigation, either before or after arrest, then there wont be any statements that can be used against you in court.
    2. Field Sobriety Tests are completely voluntary. If you perform them, you may be arrested anyway. It may be better not to give the Police evidence that will be used against you in court. You can politely refuse to do the field sobriety exercises.
    3. Contact a friend or relative from jail as soon as possible so they can hear you speak and note your state of sobriety.
    4. Always be polite and respectful to the police officers. How you are perceived by a jury is extremely critical.
    5. Some jurisdictions video the arrest, breath testing and/or booking process. Always be on your best behavior.
    6. Make a detailed list of all the events before being stopped up to and including being released from custody.
    7. Retain an experienced DWI drunk driving defense attorney to represent you. Only an experienced DWI defense attorney is able to spot your favorable issues and present them to a prosecutor, judge or jury.

    Remember, the best way to avoid a drunk driving conviction is to not drink and drive.

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