Buffalo DWI Lawyers
- Fonda Kubiak:
After you have been charged with a violation related to alcohol or other drugs, it is important for you to retain representation. You may represent yourself in court, but it is not recommended as this kind of violation is complicated. You could find yourself in jail very quickly if you are unsure of what you are doing. The following are the drug and alcohol related violations in New York State:
- DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication
- DWAI: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
- DWAI / Drugs: Driving While Ability Impaired (by a drug that is not alcohol). .
- Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.
- Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation and must pay a $300 civil penalty ($350 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge will have their driver license revoked for one year and must pay a $750 civil penalty to apply for a new driver license
To explain, alcohol concentration is defined as the number of grams of alcohol per 100 milliliters of blood, the number of grams of alcohol per 210 liters of breath, or the number of grams of alcohol per 67 milliliters of urine. It should be noted that each of these three tests is different and conflicting results can occur. This means that potentially, your urine test could find you innocent while your breath test could find you intoxicated.
It is important to note that the legal limit of .08 is determined at the time the test was administered, and usually this is not at the time of driving. It can be anywhere from 30 to 75 minutes later. Therefore, a test reading can be off, in relation to whether the driver was intoxicated while driving, which is the crime. In other words, if you had two drinks in 30 minutes, then left right away, chances are your BAC would not register the two drinks if you were pulled over. It would probably only register one. However, you would not be given the breath test right there, but instead, at a later time when your BAC could be higher since your body has had time to process the alcohol. As a result, you would be charged with a DWI even though when you were actually driving, your body had not registered the alcohol yet and you were not influenced by it.
- Saraceno Law:
Enforcement of DWI laws in New York State is vigorous! When you've
been arrested for a drinking and driving offense, you need a law firm
that can protect your rights. Remember, being arrested does not mean
that you will be convicted and it does not mean that you will
automatically lose your driver's license.
- Glenn Murray:
If a motorist has three Sec. 1192 convictions within 10 years,
the DMV commissioner will impose an additional relicensure
waiting period of 6 months for each prior conviction.
Thus, a motorist with 3 in 10, or 4 in 10 years, will be
subject to waiting periods of 18 and 24 months
respectively. Such motorist is also disqualified from
obtaining a conditional license, even if eligible for DDP.
- Venzon Brockway:
New York law prohibits the operation of a motor vehicle if a
person has consumed alcohol and has a Blood Alcohol
Concentration (BAC) of .10 of 1% or cannot operate a vehicle in
a reasonable and careful manner. If you are caught driving
after drinking you may be charged with Driving While
Intoxicated (DWI). DWI is a misdemeanor in New York State,
therefore if you are convicted you will have a permanent
criminal record. The minimum penalty, assuming no prior
convictions for DWI as a misdemeanor, is a minimum fine of
$500.00 and a maximum fine $1,000.00. The judge may also
sentence you to no more than a year in prison and your license
will also be automatically revoked for 6 months.
- DWI Link: Defending motorists charged with DWI is becoming
more difficult every day. Political action groups such as MADD,
RIDD, SADD and others are becoming more and more powerful,
exerting a tremendous amount of pressure on the political
decision making process. These groups have played a large role
in the enactment of legislation such as the suspension pending
prosecution section. They continue to exert tremendous amount
of pressure on our courts, asking them to impose maximum
sentences for all people convicted of alcohol related offenses.
Many of these groups gain access to court files, which are
public record, and directly attack judges perceived to be
lenient on alcohol related offenses. No elected official wishes
to be perceived by the public as being lenient on any type of
crime, especially during an election year.
- Terrence McKelvey:
You can be convicted of DWI if you are in control of the motor vehicle
or boat and have the power to operate it. So, if you are arrested in a
vehicle that is stopped by the side of the road and you are passed out
in the front seat with the car key in the ignition, you can be
convicted. If you are in the back seat and there are no keys accessible
by you, the chances of a conviction are much less.
- Nicholas, Perot &
Strauss:
In New York State, the first offense is a misdemeanor and will
result in a criminal record. Cases are prosecuted in local
criminal courts in the town, city or village where the offense
occurred. The maximum penalty is one year in the local county
jail. There is a mandatory minimum fine of $500.00 though fines
are often greater. In addition, if convicted of misdemeanor
DWI, you will have your license revoked for a minimum of six
months. A second offense DWI is a felony prosecuted in Superior
Court or County Court. A conviction may result in a term of
imprisonment in a State Penitentiary.
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