Brought to you by Colorado DUI Drunk Driving Defense

Utica DWI Lawyers

1. Kalil & Eisenhut: representation after being arrested for a DWI
2. Hobika Law Firm: real estate, business matters, workers' compenstation and social security cases, estate planning and vehicle and traffic matters
3. Brad Margolis: 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. Long Island has some of the strictest DWI laws in the country and can include forfeiture of your car, your license, and your freedom. You may be required to attend and complete drug and alcohol evaluation and treatment before you can drive again. DWI is way too big an issue to cover in a web site. Driving while intoxicated arrests in New York are aggressively prosecuted by many interests including county prosecutions and public opinion. If you have been arrested for DWI, it is advisable not to make verbal or non-verbal statements including whether or not you have been drinking, whether or not you were operating the vehicle, et cetera. Also, please be advised that a refusal to take the blood alcohol test will result in a six month revocation of your privileges to drive. This is a paradox, because when you apply for your drivers license you give your consent to be tested for blood alcohol content by the fact you have the license or privilege to operate a motor vehicle. If you actually have not consumed any alcohol at all and refuse, then you suffer a six month revocation. If you have had some alcohol you risk a prosecution based upon scientific evidence of blood alcohol content. Thus, there is no easy answer regarding whether or not to "take" the test. It is however, advisable to take the test if you have had a small quantity of alcohol because the test results will reflect this and the prosection will reflect the low blood alcohol content. If however, hypothetically, the operator of a motor vehicle has had an extreme amount of alcohol prior to driving, then the blood alcohol content will reveal a higher criminal aspect of driving while intoxicated and thus, result in an aggressive prosecution. The operator must realize that body weight, amount of food, and other factors affect the B.A.C. It is generally accepted that the body can "rid" or oxidize alcohol at a rate of one drink per hour. This is 4oz of wine, 1-12oz can of beer, or 1-1.5oz of liquor. This is very variable depending upon weight, size, et cetera. Bottom line, cooperate and be courteous and respectful with police authorities in the event of an arrest. The operator must decide based upon alcohol consumed or not consumed whether or not to take the test or refuse. If you have in fact been arrested you will likely be handcuffed and read your rights. These are called "Miranda warnings", this really means that if you give a statement it will be considered an admission against penal-interest, they will use it against us at trial. Please be advised that the police will only "Mirandize" you if they seek to interrogate you while in custody. If they do not interrogate you, they do not have to "read you your rights." If you were arrested and you were not advised of your rights, and they did not interrogate you, then there is no statement that can be used against you. This is why, during the vehicle stop, that one should not volunteer information regarding alcohol consumption, because it is prior to arrest and thus, you do not have miranda rights. The common penalties for DWI include a negotiated plea bargain which is a violation (not a crime) and a fine. The fine ranges from $300.00-$500.00 for the first offense. The count will likely assess the victims impact-panel, which is a program regarding the dangers of DWI. Also, one will be suspended from driving for a period of 90 days. In liev of this suspension you may qualify for the drinking driver program D.D.P. This program allows the driver and from work, school, medical emergencies, and 3 hours that are designated upon Blood Alcohol Content, prior convictions and aggravating circumstances such as personal injury or property-damage and prior DWI conviction history.