New York City DWI Lawyers

• Saland, Jeremy: DWI You don't recall if it was two beers at the bar with friends from the neighborhood, a glass or two of wine at dinner, or one too many shots at the party you just left. Regardless of how much or what you had to drink, the police just pulled you over, arrested and charged you with Driving While Intoxicated (DWI). Unfortunately, when the officer asked you how much you were drinking you told him that you had only "one or two" or a "couple" of drinks. Unwittingly, you just made a confession. If you find yourself in this or a similar situation and charged with DWI you should expect that the local District Attorney's Office will take this matter very seriously. While an experienced criminal defense attorney may be able to "beat" the case or negotiate a plea to a non criminal traffic violation, sometimes prosecutors make these dispositions hard to come by. As a criminal defense attorney and a former prosecutor in the Manhattan District Attorney's Office, Jeremy Saland has handled a significant and substantial amount of DWI cases from both sides of the law and has real experience analyzing the factors and evidence in these matters. Some of the factors considered by prosecutors are the level of the blood alcohol content (BAC), whether there was an accident or injury, or whether there were any minors in the vehicle. Although the legal limit for BAC is .08, prosecutors can still charge you with DWI if your BAC is less (or non-existent because your refused a sample) based on evidence from the police that you appeared drunk. Moreover, if you have a BAC of .18 or more, the punishment and plea restrictions are generally much more significant. CONSEQUENCES OF DWI * If BAC over .08 your license will be suspended for thirty days * Up to one year in jail * $500-$1000 fine * Six month revocation of drivers license or at least one year if driver under 21 * If BAC is .18 or greater the fine is $1000-$2500 and revocation is one year * If the charge is a felony DWI (2nd DWI in 10 years) the fine is $1000-$5000 and up to four years in state prison The above list is not an exclusive list of consequences. In addition to the stigma and potential ramifications on your career, you may be ordered by a judge to complete community service and an alcohol or drunk driving program. HARDSHIP HEARING Under certain circumstances, you may be able to get a Hardship Hearing. Although your license was surrendered at the arraignment along with your ability to drive for the next thirty days, the Hardship Hearing, if granted, will give you the opportunity to explain to the court the immense problems and issues you will face without your license. If granted, and it is not granted merely upon a request, you will be able to drive to and from work and specifically in a manner that the court endorses or allows. Whatever the outcome, after the thirty days of initial suspension, you can apply at your local DMV for a conditional license. This will be your license until the resolution of your case. If you have a prior alcohol violation in the previous five years you are not eligible for a hardship license or for a conditional license. REFUSAL HEARING If you refuse to submit to a test to determine your BAC, your license will automatically be revoked for a year after your are arraigned before a judge. Within a short period of time, about two weeks, you will have the opportunity to go before an Administrative Law Judge at the DMV. Not a criminal proceeding, this is a separate case where the judge determines if there was "clear and convincing" evidence of the events of your refusal. You can be convicted merely on the officer's paperwork. If the judge does convict you your license will be revoked for one year. If he does not, your privilege to drive in NY will be restored.
• Berkowitz, Brian: A Driving While Intoxicated (DWI) charge, unlike most other crimes, not only subjects you to criminal sanctions, but will also have serious ramifications on your driving privileges as early as the first Court appearance. The laws of the State of New York allow for the prompt and immediate suspension of your driving privileges based solely upon an alleged blood alcohol level (.08 or greater), as well as the immediate suspension of your driving privileges for refusing to submit to a chemical test to determine your blood alcohol concentration.
• Franz, Eric: If a police officer stops you and if the police officer believes you are under the influence of alcohol or drugs, you may be required to take a fields sobriety test ÒFSTÓ. The FST may include a breath screening test for the presence of alcohol. If the police officer believes you are under the influence of alcohol or drugs, or if the breath test result indicate a reading blood alcohol level of .08 or higher, you may be placed under arrest. Driving While Intoxicated is a serious crime. If you are convicted, it can have far reaching implications on your life. You will carry a criminal conviction in your record for many years. You may lose your job, and furthermore may be barred from taking certain jobs in the future. Your auto insurance rates will be substantially higher for a few years. The cost of a DWI conviction is staggering.
• Barrows & Associates: Legislation Affects Drivers Under 21 Years of Age New York State's "Zero Tolerance" Law became effective on November 1, 1996. The Zero Tolerance law applies to a person under age 21 who operates a motor vehicle with a blood alcohol concentration (BAC) of .02% or more but not more than .07%. Even though the law is called "zero tolerance," the minimum BAC is .02 and not 0. This is because certain cough syrups and mouthwashes contain alcohol, and since some families will permit the consumption of small amounts of alcohol as part of religious or family functions. The Legislature decided to set the standard at .02% in order to address only those young people who had willfully consumed alcohol and operated a motor vehicle. If you are stopped... If you are stopped by a police officer for having consumed alcohol and the officer deems that you are younger than 21 and appear to have consumed alcohol, you will be temporarily detained for the purpose of taking a breathalyzer test to determine your blood alcohol level (BAC), usually at the police station. If you refuse to take a breath test, you will be subject to a license revocation of at least one year. Blood Alcohol Content (BAC) and How You May Be Charged BACÊ OffenseÊ Procedures .02% or more but not more than .07%Ê Driving after having consumed alcohol (a zero tolerance violation) Administrative Hearing more than .05% and less than .10% Driving while ability is impaired by alcohol (DWAI) Criminal Court .10% or more Driving while intoxicated (DWI) Criminal Court If your BAC is .02% or more, but not more than .07%, you will be charged with the traffic offense of "driving after having consumed alcohol." You will then be provided with a notice to appear for a hearing before an administrative law judge of the Department of Motor Vehicles. If your BAC is more than .05% but not more than .07%, the police will have the option of charging you with "driving while ability is impaired by alcohol" (DWAI). If your BAC is more than .07% but less than .08% you will be charged with the offense of "driving while ability is impaired by alcohol" (DWAI), and for those with a BAC of .08% or more, the charge will be "driving while intoxicated" (DWI). If you are charged with either DWI or DWAI, you will be arrested and dealt with in criminal court. If you are charged... The DMV Administrative Hearing If you are charged with having operated a motor vehicle after having consumed alcohol and are scheduled for a DMV administrative hearing: The police officer must prove that: You were the person who operated the motor vehicle; A valid request was made to submit to a chemical test (e.g., breathalyzer); You were younger than 21 at the time; The chemical test was properly administered; The test showed you had consumed alcohol (.02% or more); and The police officer made a lawful stop of the vehicle. You will be entitled to provide evidence in your defense, including any witnesses. You may have an attorney represent you at the hearing, however since this is not a criminal hearing, there is no provision for a public defender and you would be responsible for all of the attorney's fees. If, after both sides have been heard, the police officer has carried his burden of proving the case, the administrative law judge will make a finding that you drove after having consumed alcohol. Failure to attend for the hearing will result in a temporary suspension -- but you may reschedule your hearing. An official waiver will waive your right to a hearing and will result in a suspension or revocation, as appropriate. Hearing Results While being charged with driving after consuming alcohol is considered a serious violation of the law, it is not designated as a crime and you cannot go to jail for violating this law. However, at the very least you will have your license suspended for six months and pay a civil penalty of $125. You must pay an additional $100 fee when your license is returned. If you are charged with having driven after having consumed alcohol, the charge will remain on your record for three years or until you are 21, whichever is longer. If you have any prior alcohol-related traffic offenses on your record, your license will be revoked for one year or until you reach the age of 21, whichever is longer. If you lose your license... License Revocation You will need to turn in your license to DMV, and it will be illegal for you to drive. At the end of the revocation period, you may apply for a permit and start the licensing procedure. This does not mean that you will have a new driving record. Any convictions you had with the license which was revoked will still be part of your driving record. License Suspension You will need to turn in your license to DMV, and it will be illegal for you to drive. Your license will be returned to you at the end of the suspension period. If your license is suspended under the zero tolerance law, and you do not have any prior alcohol-related convictions on your license, you may be eligible for a conditional license. However, in order to receive one, you must enroll in and complete the an approved Driver Program. Both the program and the conditional license carry additional costs to you over and above those costs mentioned previously. A conditional license will allow you to drive back and forth to work and school, but it is not the same as a full license.
• Koles, Burke & Bustillo: In order for a court to consider evidence presented in a case, the evidence must be properly presented to the court for admission. Presentation of evidence may be undertaken in a variety of ways.
• Aaron Wallenstein: Keep Your Record Clean
• Laura Miranda: The Police must inform an accused, s/he has the right to remain silent and anything said can and will be used against him/her in a court of law;an accused has a right to consult with an attorney and to have the attorney present during questioning. Furthermore, the police must also informthe person accused if indigent, a lawyer will be appointed. DO NOT WAIVE YOUR MIRANDA RIGHTS. DO NOT SPEAK, OR SURRENDER YOURSELF TO POLICE WITHOUT AN ATTORNEY PRESENT.
• Robert Feldman: An officer must establish "probable cause" prior to engaging in a warrantless vehicle search. Probable cause may be defined as observable facts and circumstances which would lead the officer to believe there is evidence of a crime at the location to be searched. Thus, although officers may initiate warrantless searches in certain circumstances, such searches may be deemed illegal if the searching officers are unable to articulate their reasoning for deciding to search a particular vehicle.
• Michael Cintron: Two types of intoxication defenses exist: voluntary and involuntary. When an individual freely chooses to drink or take drugs, any resulting intoxication is voluntary. To the contrary, in most states involuntary intoxication may include: Being physically coerced to take the drugs or alcohol Voluntarily taking something, not realizing its intoxicating effects Partaking of something that causes an unexpected reaction
• Joseph & Smargiassi: Driving While Intoxicated (DWI) is considered a serious crime in every state. Drinking alcohol or taking drugs may affect your ability to operate cars, boats or industrial equipment in a safe manner. It is against the law in every state to drive under the influence of alcohol or drugs if you cannot safely operate the vehicle. DWI and Driving Under the Influence (DUI) refer to the same crime. If the police observe you driving erratically or violating traffic laws, they are permitted to stop and question you for a DWI violation. If they suspect that you are intoxicated, they can ask you to submit to various tests, including a blood alcohol test.
• Karen Friedman: Legal problems involve financial and emotional issues that dramatically affect people's lives. This is particularly true when they involve criminal complaints. Such cases can be stressful, frustrating, and intimidating for anyone who is drawn into the legal system involuntarily. You not only need an experienced and skillful attorney to represent you throughout that process, you should have a lawyer you are comfortable with and can trust to handle your problems.
• Jonathan Nelson: In New York, what is commonly known as driving while intoxicated (DWI) or driving under the influence (DUI) actually involves several offenses, due to different statutes that define each offense, and span from a violation to a felony. The different offenses are generally determined by two factors: the number of repeat offenses and blood alcohol content (BAC). DWI: Driving While Intoxicated BAC of .08 or higher, or other evidence of intoxication DWAI: Driving While Ability Impaired BAC of .05 to .08, or other evidence of impairment DWAI / DRUGS: Driving While Ability Impaired by drugs other than alcohol
• Joseph Carbonaro: DWI New York, NY FAQ Answers From Experienced an New York DWI Attorney ¥ What if you refuse to take the breath test? What happens then? Does this mean I can be arrested? What will happen to my license? ¥ What other evidence can the police use against me if I don't take the breath test? ¥ What should I do in a typical DWI NY arrest Scenario? ¥ How soon can I consult with a New York DWI Attorney and how important is it to do so? ¥ What should I do now? What if you refuse to take the breath test? What happens then? Does this mean I can be arrested? What will happen to my license? Refusing to take a breath test is not a crime in and of itself under New York State DWI Laws, but there are certain consequences you should know about. First, under New York State DWI Laws, refusing to take a breath test can very well result in losing your license or privilege to drive in New York State for six months regardless of whether you are found guilty or not guilty on the DWI charge. Furthermore, the fact that you refuse to take a breath test is something the prosecutor can bring up in your DWI case. For example the DA can argue that you would not have refused to take the test if you were sober. Obviously, you can be arrested for DWI regardless of whether you take the test or not, but the evidence against you is usually still not as powerful as a breath test result that shows you are over the legal limit. In fact, according to New York State DWI Laws, being over the legal limit of .08% alone is a DWI crime REGARDLESS OF WHETHER YOU ARE ACTUALLY INTOXICATED. So, if you think you are "sober" and still blow over the legal limit, you can still be found guilty of DWI. What other evidence can the police use against me if I don't take the breath test? The police officers---or any witness for that matter--- are permitted to offer their opinion that you were intoxicated at the time of your arrest. They can do this by testifying that you were unsteady on your feet, had slurred speech, exuded the odor of alcohol, had watery/bloodshot eyes, showed excessive sensitivity to light and other similar observations. More formal "coordination tests" can also be administered at the precinct or roadside. Typically, these involve touching your nose while holding your head back and closing your eyes, walking a straight line (walk and turn test) standing on one leg and perhaps being asked to recite the alphabet, in addition to others such as gaze nystagmus. Under New York State DWI laws, there is no requirement that you take these tests, but in some cases, where you are not intoxicated, you may wish to do so. Of course, if you consumed alcohol and are likely to fail the tests, you should again respectfully request to speak to your New York DWI attorney and/or refuse to take these tests as well. Keep in mind that the coordination tests are typically videotaped and can be used either as evidence against you or on your behalf. Also remember that typically, people are more inebriated than they care to think, so use common sense and be honest with yourself. How soon can I consult with a New York DWI Attorney and how important is it to do so? How soon you are permitted to speak with a New York DWI attorney depends on when the police are able to let you make that call. If you are being arrested on the street or roadside, chances are you will not be allowed to call your New York DWI attorney until you get to the precinct. Even there, you may have to wait for the officer to give you access to a phone or let you use your own phone, which may be taken from you at the scene. Once you are permitted to speak with a lawyer, you should give the New York DWI attorney honest answers to his questions. Don't pretend to be sober if you aren't and don't understate the volume of alcohol you have consumed. Unless you give him the right input date, he can't come up with the right answers for you. Be careful when speaking to him and remember that others might be listening. While your call cannot (or at least should not) be monitored because of your attorney-client privilege, if you speak loudly and someone just happens to hear you, it might be incriminating evidence that can be used against you. The New York DWI attorney you call should be able to advise you as to what the approximate outcome of a breath test would be if you truthfully tell him how much you drank, over what period of time you drank and your weight. This would be important information for you and for him. He will also be able to tell you whether to take the coordination tests. He would certainly tell you not to answer the officers questions. It may be possible in some counties to arrange for a summons or appearance ticket if your New York DWI Attorney can persuade the police that you are not a risk of flight. What should I do now? THE BEST ADVICE ANYONE CAN GIVE YOU ABOUT NEW YORK DWI IS, "DON'T DO IT." But if you find yourself in an arrest situation, call an experienced New York DWI attorney immediately. While it may be strategically sound to refuse a breath test in some cases, it can result in the suspension and possible revocation of the driver's license. VTL Section 1194. 2 provides that any refusal to submit to a breath test must be reported to DMV. In turn, the license can be suspended immediately, pending the outcome of a DMV hearing held before an Administrative Law Judge. The sole issue at the hearing is whether or not the motorist refused to take the breath test. If the ALJ finds, as they almost always do, that the refusal was made even though the police officer informed him/her that it would result in a license suspension, the judge can and will revoke the license for a period of at least 6 months. If you have ever been found to refuse a breath test in the past or if you have a New York DWI conviction within the past five years, you will then be unable to apply for a new license for at least one year. The revocations can be for an even longer period of time, in the discretion of the Commissioner of the Department of Motor Vehicles.
• Harold Dee: Driving While Ability Impaired by Alcohol (DWAI) is a traffic infraction, and not a crime).... Ninety day suspension, minimum fine $350.00 + $35.00 surcharge, up to 15 days local jail, possible community service and 1 night attendance at a victim's impact panel ($15.00 fee) Driving Privileges....You may be entitled to a restricted use license, i.e., work, school, medical/dental, child care, parole, DMV business and 3 hours per week of shopping. Only one restricted use license issued every five years. Driving While Intoxicated (DWI). Operating with .10 percent or more Blood Alcohol Content (first offense penalties).... Minimum Six months revocation, Possible six months local jail, $500.00+ fine, victim's impact panel attendance (one night). DWAI by drug ....*Minimum six months revocation, fines, possible jail.
• Martin Kron: Penalties and on-line interview.