Albany DWI Lawyers
- Warren Redlich:
Settling a DWI or DWAI case usually involves license suspension and substantial fines. Most clients enter the Drinking Driver Program and get a conditional license allowing them to drive when necessary.
- Randall
Kehoe:
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 in 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
hand cuffed and read your rights. These are called "Miranda warnings",
this is 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.
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