White Plaines DWI Lawyers
- Kramer, Michael:
If you have been arrested for drunk driving, you need an experienced DWI defense lawyer; one who will aggressively protect your constitutional rights; one who will thoroughly investigate to determine whether proper procedure was followed.
- Messina & Associates:
In selecting a DWI lawyer, keep in mind that a drunk driving charge actually presents two legal challenges Š the criminal charge and an administrative proceeding which, if not handled properly can lead to the loss of your driverÕs license.
- Mancuso, Rubin & Fufidio:
Many charged with a DWI just want the matter to end and be allowed to move on with their lives. Often, they will accept a "deal" from prosecutors and plead guilty. The problem is that the matter does not go away just because the court proceeding is done. A DWI conviction can affect your insurance rates, your job, and your personal life. At Mancuso, Rubin & Fufidio in White Plains, New York, we can help if you have been charged with a DWI or any type of traffic violation.
Harsh Penalties and Consequences
DWI laws are changing and becoming more harsh and complicated. Many people think, and we agree, that the penalties relating to a DWI conviction are too severe. With such dire consequences for a conviction, you need aggressive and knowledgeable representation from a DWI defense attorney.
- Collier, Halpern, Newberg, Noletti & Bock:
DWI FAQs What is DWI?
In New York, the law is getting increasingly more strict with individuals convicted of drunk driving. If you have just been arrested for Driving While Intoxicated (DWI) for the first time, you may feel uncertain about the resulting court proceedings. DWI law in New York can be quite complex. Furthermore, the stakes are high-even as a first time offender, you may face hefty fines, probation, revocation of your license and a dramatic rise in your automobile insurance rates. You may even be sentenced to some jail time. Therefore, it is important to hire a defense attorney who has experience in this area of law.
What is the Drunk Driving Law in New York?
New York State DWI Law is governed by section 1192 of the Vehicle and Traffic Law. Section 1192-3 addresses the "common law" theory of DWI based on the police officer's physical observations of an individual's condition (i.e. odor of alcoholic beverage on breath; bloodshot and/or glassy eyes; impaired speech; impaired motor coordination etc.). Section 1192-2 governs the "statutory DWI charge" where an individual's Blood Alcohol Content (BAC) is .10 or greater as determined by breath, blood, urine or saliva test. (CAVEAT: Legislation is contemplating reducing the BAC level to .08 in New York as the gauge for one to be considered "legally" intoxicated).
What are the Penalties for Felony DWI?
A person charged with DWI who has a prior DWI conviction within 10 years faces felony DWI charges which carries a potential maximum jail sentence of up to 4 years.
What are the Elements of DWI?
The critical elements of a DWI conviction are as follows:
Driving or operating a motor vehicle on a road or highway while having a Blood Alcohol Content (BAC) level above the legal limit.
What is “BAC”?
A DWI conviction depends on a test of your Blood Alcohol Content. Unfortunately, often times a person is not even the slightest bit aware of what his or her BAC is prior to stepping into a vehicle. In fact, you may have been completely unaware of your "guilty" condition prior to having your BAC tested. Nonetheless, "intent" to drive drunk is not required for a drunk driving conviction. Still, close cases provide the greatest basis for a successful defense. For example, where 0.8 percent BAC is just within the legal limits and you are found to have 0.9 percent BAC, your attorney may have a strong case when arguing the invalidity of your blood alcohol test. (Also, in a close case, an experienced defense attorney may succeed in negotiating a plea to a lesser offense.)
How is BAC tested?
Your BAC will be tested either through a Breathalyzer test, urine test or direct withdrawal of your blood. Although you may not have the right to dictate the terms of the blood-alcohol testing, you should be asked for permission prior to the administration of the test. Refusal to submit to testing, however, often results in revocation of your license. These tests, especially the Breathalyzer test, may be improperly influenced by a variety of factors including: prescription drugs and medical conditions, certain dental work, the use of chewing tobacco, and even burping in the middle of testing. Because the percentage of your blood that consisted of alcohol at the time of testing is critical to the case against you, an experienced DWI attorney will examine whether any of the circumstances of your testing can be challenged.
What is the Difference Between “Driving” and “Operating”?
An experienced attorney will also examine whether it can be argued that you were not "driving" the vehicle prior to your arrest. Some states use the word "driving" in their statutes and others use the word "operating." While the definition of what constitutes "driving" a motor vehicle is more broadly interpreted than the definition of what is found to constitute "operating" a motor vehicle, in the appropriate situations, this element of the charge against you may be challenged.
Often times, just sitting behind the wheel of a running vehicle will constitute "driving" or "operating" a vehicle. If, however, you were unconscious behind the wheel of a car with a running engine, there is an argument that you were not "driving" or "operating" the vehicle while intoxicated. On the other hand, even in cases where a person is found sleeping in the car with the keys in the ignition, courts have found this to constitute "operating" a vehicle or being in the "physical control" of a vehicle. Some jurisdictions have been especially stern, finding that DUI statutes are meant to prevent drunk drivers from getting into cars, except as a passenger. Further, there is a good argument that can be made that you were not "operating" a vehicle, which was in fact inoperable prior to your arrest. Moreover, the prosecution should be forced to prove that you were actually the individual driving the vehicle.
- Lenihan & Associates:
Drunk Driving/DUI - An Overview
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 attorney immediately. You cannot
afford not to have expert counsel on your side. - Mark Siesel:
There are two important constitutional rights within the U.S. criminal
justice system to remember -- the presumption that a defendant is
innocent and the burden on the prosecution to prove guilt beyond a
reasonable doubt.
- James Noletti:
If you have been charged with Driving While Intoxicated in New York State, you must
realize right here and now that the deck is stacked against you! Free Report
- Greenspan & Greenspan:
A DWI (called DUI in some other states) arrest can be frightening. You
should take the charges seriously. Make sure you have a DWI / DWAI /
DUI defense lawyer who treats your case with the serious attention it
deserves.
- Nicholas Barone:
If you have been charged with drunk driving, DUI, or DWI in New York,
you should know that the clock is already ticking. You have an
administrative hearing that you are required to attend. If you do not
attend the hearing, you are in danger of losing your driver’s
license, and may be faced with fines or jail time. You still have
rights, but it is important to act quickly.
- Green & Willstatter:
Being arrested for DWI charges can seriously impact your life and the
lives of those around you who you love and care about. Jail time, loss
of driving privileges, and huge insurance premiums can often come as
the result of a DWI being handled improperly. The best way to handle a
DWI charge is to retain a knowledgeable and aggressive DWI defense
lawyer. Although in most cases pleading guilty may seem like the least
expensive way of handling a DWI, the hidden costs most often are far
greater than the effective representation of counsel.
If you refuse to take a breath test after being arrested for a DWI,
your driver’s license will be suspended pending a hearing before an
Administrative Law Judge with the State Department of Motor Vehicles.
We represent clients at these hearing and often cross-examine the
arresting officer there. If you took the breath test but the result
showed alcohol above the legal limit, your license will be suspended
pending prosecution. However, you have the right to seek a hardship
license to drive to and from work, school, or medical appointments. We
often assist our clients in obtaining these hardship licenses by
offering evidence to the court.
If a person is convicted of a DWI, their license will be revoked for
six months, a fine imposed, and/or three years probation. Most people
our eligible to attend the drinking driving program of the DMV, which
permits them to obtain a conditional driving license during this
six-month period.
- Lenihan & Associates: Drunk driving is a serious criminal
charge. Everyone relies on driving to meet their basic needs, including
getting to and from work, buying groceries, and transporting family
members to school, lessons, and appointments. Persons charged with
drunk driving stand the chance of losing their driving privileges,
either temporarily or permanently, or of suffering even more serious
consequences, such as incarceration. Accordingly, if you have been
charged with drunk driving, do not hesitate to call upon a skilled and
experienced attorney. You can't afford not to make a defense lawyer a
part of your team.
- James Nolletti:
If you have been charged with Driving While Intoxicated in New York
State, you must realize right here and now that the deck is
stacked against you! Although there are more heinous crimes,
few are more unpopular with the public, the press, the courts and
the legislatures than drunk driving. Over the past several years,
stiffer penalties have been enacted and the courts have been
authorized to suspend the driving privileges of those accused even
before they have been convicted of any offense! As a matter
of fact, the defense of drinking drivers has become one of the most
difficult tasks in the field of criminal law. This has caused the
drunk driving trial to evolve from a simple and commonplace task,
often delegated to junior associates in a law firm, into an area of
specialty for those lawyers who are well-versed and well-trained
in the complexities of alcohol related criminal litigation.
Today, the ill prepared, naive attorney faces insurmountable odds
and likely commits professional malpractice. No longer will his
client merely face a fine or a short license suspension if the
case if mishandled. Todays convicted drunken driver often ends up
facing substantial fines, lengthy license suspensions or
revocations, community service, assessment fees, public
humiliation and jail! Worse yet, it has become commonplace for
a driver who has had only a few drinks and is not legally
intoxicated to be arrested, charged and convicted of a crime
because of the tactics used by police and prosecutors along with
the inequities built into our legal system in DWI cases! You
must understand that the system is designed to produce convictions.
In the average case, it seems that neither the police nor the
prosecutor are interested in justice; only a conviction!
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