White Plaines DWI Lawyers

If you have been arrested for driving while intoxicated (DWI) or driving while ability impaired (DWAI) it is imperative that you hire an experienced drunk driving lawyer to protect your interests. You could be charged with a felony criminal offense. Without a skilled New York DWI lawyer, even a first offense for drunk driving can result in a driver’s license suspension or revocation, a large fine, and in certain cases jail time.

DRIVING WHILE INTOXICATED - DWI

.08 and Higher or Other Evidence of Intoxication

OFFENSE	FINE	JAIL SENTENCE	LICENSE ACTION
1st Offense(misdemeanor)	Minimum $500 Maximum $1,000	Up to 1 Year	Minimum 6-Month Revocation
2nd Offense Within 10 years Class E felony	Minimum $1,000 Maximum $5,000	Up to 1 1/3rd - 4 years	Minimum 1 -Year Revocation
3rd Offense Within 10 years Class D felony	Minimum $2,000 Maximum $10,000	Up to 2 1/3rd - 7 years	Minimum 1 -Year Revocation

DRIVING WHILE ABILITY IMPAIRED – DWAI

Between .05 and .07 or Other Evidence of Impairment

OFFENSE	FINE	JAIL SENTENCE	LICENSE ACTION
1st Offense(traffic infraction)	Minimum $300 Maximum $500	Up to 15 Days	90-Day Suspension
2nd Offense Within 5 years(traffic infraction)	Minimum $500 Maximum $750	Up to 30 Days	Minimum 6-Month Revocation
3rd Offense Within 10 years(misdemeanor)	Minimum $750 Maximum $1,500	Up to 180 Days	Minimum 6-Month Revocation (if current violation occurred within 5 years of previous violation)

Every county in New York State has a STOP/DWI program. This means more police with better equipment are on the roads looking for impaired drivers, more district attorneys are prosecuting them, and more judges are hearing drinking driving cases.

Bacharach, Bernard: Blood Alcohol Content If the police observe you driving erratically or violating traffic laws, they are within their rights to stop and question you for a DWI/DUI violation. They can ask you to submit to tests that measure blood alcohol content (BAC). Refusal to take a BAC test will result in an automatic suspension of your license. The statutory limit for BAC in New York is .08 for adults. At the other extreme, if your BAC measures above .18, you may face enhanced penalties including jail time, harsher fines, and more severe driverÕs license sanctions. Penalties If Convicted A DUI conviction include penalties that may affect you and your family in a variety of ways including: Possible jail sentences Fines Vehicle impoundment Suspension or revocation of your driving privileges An order for a vehicle ignition interlock device Alcohol abuse assessment and treatment Alcohol education classes DOT Porgram Community service Probation Criminal record Increased insurance rates Job loss

Raneri, Light & Sarro: Construction litigation, Criminal Defense and Matrimonal and Divorce matters

Joseph, Michael: In New York crimes of Driving While Intoxicated (Vehicle and Traffic Law 1192) is committed when a person operates a vehicle with a blood alcohol level of .08 % or more. Driving while intoxicated can also be proven when a person is so intoxicated that they cannot safely operate a vehicle. Driving While Intoxicated DWI is an unclassified misdemeanor and you need an experienced New York Criminal Defense Lawyer to defend you if you have been charged with driving while intoxicated (DWI/DUI). A conviction for Driving While Intoxicated carries a six month revocation of your license to drive in New York, as well as other penalties including possible jail time. In New York, there is also a lesser charge of driving while abilty is impaired. Driving while ability impaired is a violation and is normally punished with a fine, a ninty day license suspension and a conditional discharge to complete certain programs. Aggravated DWI The Law in New York also has an enhanced section called Aggravated Driving While Intoxicated. If you have been charged with Aggravated Driving While Intoxicated you need an experienced New York DWI Attorney. Aggravated DWI prohibits operating a motor vehicle while with .18 or more of one per centum by weight of alcohol of a person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva. Aggravated DWI is a misdemeanor and carries a minimum fine of $1000, along with a one year license revocation. Under 21 Years Old If you are under 21 years old and drove with more than .02% BAC and less than .08% BAC, you may be charged with a vehicle and traffic law violation, but this is not a crime and cannot be pursued in the Criminal Courts. If you have been charged with this section in the Criminal Court, an attorney can bring a motion to dismiss the charges because these violations can only be brought in the Department of Motor Vehicles. This violation carries a six month license suspension. Felony DWI If you have been convicted of Driving While Intoxicated in the last ten years and have again been charged, you are probably facing a felony. Our New York Criminal Defense attorenys have successfully avoided jail on even felony charges of Driving While Intoxicated .

Penichet Law Firm: Chemical Test Refusal Ñ Should I Blow? A chemical test of .08 BAC (blood-alcohol content) or higher can result in a conviction for DWI. If the chemical test results are .18 BAC or higher, a person can face aggravated DWI charges. As a result, many people wonder whether or not they should submit to the Breathalyzer or another chemical test in the first place. But there are consequences for a chemical test refusal, too. Drivers who refuse to take a chemical test like the Intoxilyzer can have their license revoked for at least one year and also have to pay a $500 civil penalty. And the penalties increase if the driver has had a previous DWI or was driving with a commercial license. The best course of action is to consult with an attorney about your options. Your lawyer can help you make the right decision based on your unique circumstances.

Osorio & Associates: * DWI * Drugs (possession and sale) * Guns and other weapons * Sex crimes * Prostitution * Assaults * Larceny and theft * Fraudulent documents * Domestic violence

Aronwald & Pykett: * White collar crimes: RICO cases, mail and wire fraud, extortion, identity theft, embezzlement, securities violations, mortgage fraud, and money laundering. o Tax fraud o Medicare and Medicaid fraud * Drug crimes: Felony drug charges, including trafficking, prescription fraud, manufacturing, distribution, sale, intent to deliver, and possession for drugs such as marijuana (pot), crystal meth, ecstasy, cocaine, crack, heroin, designer drugs and prescription drugs. * Serious Felony Charges: Murder, manslaughter, rape and sexual assault, armed robbery, carjacking, kidnapping.

Davidson, SC: Drunk Driving in White Plains What are my rights if I'm arrested? If you have been arrested for a drunken driving defense you need to know what your legal rights include. First you should discuss your case with an experienced drunk driving defense attorney. Your legal rights may vary depending on your charge, criminal background and other factors. Your drunken driving lawyer can specifically explain the laws that apply to your charge and what your rights are prior and post DUI arrest. detailed information. DUI Arrest Rights If you have been arrested then contact your drunk driving defense attorney as soon as possible to protect your rights. Each case varies, which is why it is important to be familiar with your DUI arrest rights. You may be facing serious DUI charges but you still have your legal rights. After you have been arrested you may still have some driving privileges, you may be able to drive to work or other necessary situations. You will have to go before the judge with your defense lawyer to have this decided. You always have the right to speak to an attorney before you answer any questions of a police officer. Regardless of your charge you have the right to a DUI defense lawyer to represent you in court, which you should exercise. White Plains DUI Defense You should know your legal rights whether you are pulled over for a drunk driving offense or your DUI rights following a DUI arrest.

Pickelle, Paul: * Criminal Law * Criminal Defense * Criminal and Civil Litigation in all State and Federal Courts * Professional Disciplinary Boards Drug Crimes * Drug Crimes * Driving While Intoxicated (DWI) * Felonies * Misdemeanors * Homicide - Murder * Sexual Assault - Rape * Burglary License Suspensions for DUI/DWI Even if a driving under the influence (DUI) or driving while intoxicated (DWI) defendant does not receive a sentence of incarceration, it is likely that the defendant's license will be suspended or revoked. Courts are often limited by statute as to whether they can change the suspension terms to limit the impact on a defendant. A license suspension is generally not intended as a punishment but rather as a civil penalty imposed to protect the public. More... Admissibility of Field Sobriety Tests in Drunk Driving Cases There are three standardized field sobriety tests (FSTs) that make up the Standardized Field Sobriety Test battery. They include the horizontal gaze nystagmus (HGN) test, the "walk and turn" test, and the "one-leg stand" test. The HGN test refers to an involuntary jerking as the eyes gaze toward the side. When intoxicated, a person's smooth and accurate control of his or her eye movements will break down. The walk and turn test and the one-leg stand test are referred to as the "divided attention" tests, which simulate the mental and physical capabilities a driver needs to drive safely. Of the three FSTs, the HGN is considered the most reliable field sobriety test, especially when used in combination with the divided attention tests. More... Probable Cause in Drunk Driving Cases In order to make a lawful arrest for drunk driving, there must be "probable cause" to believe that the driver has violated the drunk driving statute. ''Probable cause'' exists when the facts and circumstances within the officer's knowledge at the time of the arrest are sufficient to warrant the belief by a reasonable and prudent person that an offense has been committed. Probable cause must be based on objective facts and circumstances and not upon the personal opinions or suspicions of the officer. Further, probable cause must exist at the moment of police action and not thereafter. More... Ignition Interlock Devices in DUI Cases State legislatures have addressed the public safety problem of recidivist drunk drivers by authorizing various types of law enforcement tools. One such tool is the "ignition interlock" device, which attaches to the vehicle's steering mechanism and ignition. When used by the courts or state motor vehicle departments in conjunction with a monitoring, reporting, and support program, the ignition interlock system provides drunk driving offenders (driving while intoxicated (DWI) or driving under the influence (DUI)) with an alternative to full license suspension. More... Penalties for Felony DUI/DWI The penalties for felony driving under the influence (DUI) of alcohol or driving while intoxicated (DWI) vary depending upon the state. Many of the states have adopted sentencing guidelines that are similar to the Federal Sentencing Guidelines. Under these guidelines, the states usually provide a sentencing range for each type of offense and provide aggravating and mitigating circumstances that can be used to increase or decrease the sentence. More...

Riebling, Proto & Sachs: DWI | DWAI Charges In New York State, a person who is operating a motor vehicle with a blood alcohol concentration (BAC) of .08 or above can be arrested and charged with the misdemeanor crime of driving while intoxicated, which is commonly known as "DWI". If you were already convicted of a DWI in the last ten years prior to your new DWI charge, you may even be charged with a felony. Any DWI charge, whether itÕs a misdemeanor or felony carries severe consequences, including license suspensions and/or revocation. If you are charged with a DWI misdemeanor you may be facing up to one year in the county jail or three years probation and hefty fines. If you are charged with a felony you may be facing state prison time or five years probation and a hefty fine. In some instances, drivers are charged with driving while ability impaired by alcohol which is commonly referred to as "DWAI". This drunk driving charge is not a criminal charge and applies to individuals who are operating a motor vehicle with a blood alcohol concentration that is between .05 and .07. Although the charge is not criminal, DWAI penalties can include a $300 - $500 fine, up to 15 days in jail, or both. A DWAI charge can also apply to a person who is operating a motor vehicle whose ability to operate the motor vehicle is impaired by drugs. Depending on the circumstances this charge can be either a misdemeanor or felony. More recently, in November, 2006, the state legislature enacted two new alcohol related misdemeanor offenses: * Aggravated Driving While Intoxicated, which prohibits a person from driving a motor vehicle with a BAC of .18 or more. The main difference between the DWI under .18 and this new charge is that a person faces much longer license revocation and even higher hefty fines. * Driving While Ability Impaired by the Combined Influence of Drugs and Alcohol, which prohibits operating a motor vehicle while impaired by the combined influence of drugs or of alcohol and any drug or drugs.

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 Ð 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. 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. You may be eligible for this reduced DWAI charges, especially of this is your first violation and no one has been injured in the incident. Equally important, a DWAI charge will not show up on a criminal check conducted by a potential employer. However, you must remember that a prior DWAI charge will be used against you if you are charged with an alcohol offense a second time. The penalties for DWI or DWAI (driving while ability impaired by alcohol or controlled substances) can be serious, even for a first offense. These penalties may include: * Suspension or revocation of your driverÕs license; * Fines; * Mandatory attendance in alcohol prevention programs; * Potential time in jail. The New DWI laws In the fall of 2006, the New York legislature amended the DWI statutes. These new laws include the following: A new charge of Òaggravated driving while intoxicatedÓ, which is triggered when a driver has .18 ÒBACÓ (1.8 % blood alcohol content) or more of alcohol in their blood; The automatic revocation of your license for one year; The new, more serious implications of a refusal to take a chemical test involving blood, urine or breath. Due to the more stringent and tougher enforcement of the DWI laws, it is absolutely essential that you have experienced, diligent and skilled legal representation.

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. In 2006, New York lawmakers approved new, tougher DWI laws that can have a significant impact on your DWI case. It is essential to understand how it will affect you and what to expect from the county where you were arrested. Every DWI Case Is a Local Case New York DWI charges are handled by counties, and the reality is that every DWI case is affected by the policies of county prosecutors as well as local court rules and customs. How Can I Keep My Driver's License after a DWI or DWAI? New York law requires the judge to suspend your license, or, if you are an out of state motorist, your New York driving privileges at arraignment. The process of obtaining a conditional driver's license takes longer under the new law but, if you meet certain criteria, it is still possible to obtain a conditional license through New York State's Drinking Driver Program (DDP). The law now requires all persons charged with DWI or DWAI to be screened or evaluated for alcohol and/or chemical dependency. Depending on your circumstances, you may have to submit to a more comprehensive evaluation. How Do I Know if I am Eligible for a Conditional License? Conditional licenses are issued by the DMV in conjunction with your participation in the Drinking Driver Program after a conviction. The DDP is only available to you once every 5 years. We will explain how you may be eligible for a "pre-conviction conditional license." "Permanent" License Revocation and Other Penalties for Drunk Driving The new DWI law contains a tough punishment in extreme cases: a "permanent" disqualification from having a driver's license. Keep in mind, however, that it is permanent in name only. In fact, you could get your license back in 5 to 8 years. Most non commercial license holders convicted of DWI will not face such a strong punishment, especially first-time offenders who did not injure anyone. If you refused to take a breath test, your license could be revoked for 18 months; for most people, it is suspended for less than a year. Pleading to DWAI may be a good option, because DWAI is a traffic violation, not a crime; meaning that no conviction for a crime will appear on your record. It will not show up in the criminal background checks many employers use, although it can be cited as a prior alcohol offense if you are arrested again. You do have the option of going to trial and forcing the prosecution to prove you are guilty beyond a reasonable doubt. As you make these crucial decisions, obtain knowledgeable legal counsel from an attorney with experience handling DWI cases in the jurisdiction where you were arrested.

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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