New York City DWI Lawyers

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Destined To Lose Your License?

Even though you've been arrested for DWI, you don't have to let it ruin your life. You may not realize it yet, but if you are thinking about simply going to court and pleading guilty to your DUI charge you may be cheating yourself.

You see, a qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses — all of which may help you to win your case at trial.

To find out what you need to know about your DUI arrest I've developed a website to give you a wealth of useful information . . . information which will show you how you may be able to save your license and your freedom . . . and possibly avoid fines, fees, and sharply increased car insurance costs of as much as $6,800.

For the most part, my easy-to-navigate site has information on it which you can't get anywhere else unless you are willing to do a great deal of legal research.

When you're on my site, you'll also learn how you can get a free, no-obligation consultation where I'll review your case and show you how I may be able to save your license and your freedom.

New York DWI Drunk Driving Defense Information

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New York City DWI Lawyers

Michael Fineman: Client was accused of Driving While Intoxicated (DWI), a class A Misdemeanor with a potential jail sentence of up to one year in prison. The Prosecution claimed that the client had driven into a New York City park while intoxicated. Result: CASE DISMISSED for violation of the client's constitutional right to a speedy trial.

Wilens & Baker:

The Consequences

This year, over 2 million people will be arrested and charged with drinking and driving. Many of these people will not challenge the accusations against them and will just plead guilty łto get it over with.˛ What these people donšt understand is that a conviction for drinking and driving can have severe long-lasting consequences that go above and beyond loosing your license.

Did you know that a conviction for DWI
can have the following consequences?

It can be the basis for a current employer to fire you and future
employers to refuse you employment.

Your insurance carrier can label you a "high-risk driver" and significantly
raise your rates.

Some countries use a DWI conviction as a basis to refuse you
and your family entry into their country.

A second conviction for DWI could subject you to severe criminal
punishment, such as jail time.

These severe consequences are excellent reasons why people accused of DWI
should FIGHT their case and not merely accept the police and prosecutoršs
accusations. Unfortunately, criminal defense attorneys who do not specialize in
DWI do not understand the intricacies of DWI law and do not possess the skills,
experience, and resources to mount a successful defense.

Our expertise in DWI law enables us to spot critical issues that can turn what first appears to be a prosecutoršs "slam dunk case" into a weak one. Our attorneys are proven "fighters," tough negotiators, known for making critical motions, and winning cases at trial. Our attorneys are skilled at analyzing the strengths and weaknesses of your case, explaining the law and science of DWI, evaluating your chances at trial, and providing you with all the necessary information to make informed choices before proceeding to court.

The Penalties (According to NYS DMV)

DWAI (Driving While Ability Impaired)

Blood Alcohol Content more than .05% up to .07%

nFine nJail Sentence nLicense Action

n1st Offense
n$300 - $500 nUp to 15 Days n90 Day Suspension

n2nd Offense
nWithin 5 Years
n$500 - $750 nUp to 30 Days nMinimum 6 Month
nRevocation*

n3rd Offense
nWithin 10 Years n$750 - $1500 nUp to 180 Days nMinimum 6 Month
nRevocation*

DWI (Driving While Intoxicated)

Blood Alcohol Content of .10% and over, or other evidence of intoxication

nFine nJail Sentence nLicense Action

n1st Offense n$500 - $1000 nUp to 1 Year nMinimum 6 Month
nRevocation*

n2nd Offense
nWithin 5 Years
n$1,000 - $10,000 nUp to 4 Years nMinimum 1 Year
nRevocation*

n3rd Offense
nWithin 10 Years
n$2,000- $10,000 nUp to 7 Years nMinimum 1 Year
nRevocation*

ZERO TOLERANCE

Drivers Under 21 (DMV Administrative finding of .02 to .07 Blood Alcohol Content

nCivil Penalty nLicense Action nAdded Fee

n1st Offense nMinimum $125 n6-Month
nSuspension
n$100 Suspension
TTermination Fee

n2nd Offense
nMinimum $125 n1-Year Revocation,
nor until 21, whichever
nis longer n$100 Re-Aapplication
nFee

* The NYS Department of Motor Vehicles decides when your license can be returned. Its return or
reinstatement, based on state law or regulation, is not automatic. You must reapply for your license
and may have to take a test.

Tips to Minimizing Your Risk of Being Convicted of DWI, Drunk Driving or Driving Under the Influence in New York

When questioned for DWI or drunk driving before arrest, you are not in custody for purposes of Miranda warnings. If you politely refuse to answer any of the copšs questions concerning the DWI investigation, either before or after arrest, then there wonšt be any statements that can be used against you in court.

Field Sobriety Tests are completely voluntary. If you perform them, you may be arrested anyway. It may be better not to give the Police evidence that will be used against you in court. You can politely refuse to do the field sobriety exercises.

Contact a friend or relative from jail as soon as possible so they can hear you speak and note your state of sobriety.

Always be polite and respectful to the police officers. How you are perceived by a jury is extremely critical.

Some jurisdictions video the arrest, breath testing and/or booking process. Always be on your best behavior.

Make a detailed list of all the events before being stopped up to and including being released from custody.

Retain an experienced DWI drunk driving defense attorney to represent you. Only an experienced DWI defense attorney is able to spot your favorable issues and present them to a prosecutor, judge or jury.

Remember, the best way to avoid a drunk driving conviction is to not drink and drive.

Blackman Lawfirm: Many people have driven a car after having a few drinks. In New York, if you are caught doing this, you can be arrested and charged with DWI. These charges can result in serious consequences, such as a criminal record, suspension or revocation of your drivers license, ineligibility from certain types of employment, seizure of your vehicle, and possible jail time. In certain circumstances, your license may be suspended or revoked within days of your arrest. That is why it is crucial that you retain the services of a criminal defense lawyer as soon as possible.
Salvatore Paszynsky:
Driving While Intoxicated

New York law prohibits operation of a motor vehicle while one's ability to do so is, to any extent, impaired by alcohol or drugs. A person is deemed intoxicated when he has .08 percent or more by weight of alcohol in his blood, or upon the subjective observations of a police officer (such as erratic driving, watery, bloodshot eyes, unsteadiness on feet). Operation means sitting behind the wheel of a motor vehicle when the vehicle is moving or the engine is running, with the intent to move the vehicle. Operation can be proven by circumstantial evidence such as a person found unconscious or sleeping behind the wheel.

Intoxication Tests
There are three types of tests an officer will usually seek to perform on a person suspected of driving while intoxicated: a field sobriety test, a screening test, and a chemical test. Field sobriety tests (finger-to-nose, one-leg stand, walk and turn, and gaze nystagmus) are premised on the fact that intoxication affects physical coordination and mental capacity. A screening test (Alco Sensor) is a portable breath test designed only to determine the presence of alcohol in a person's blood but not the concentration. Chemical tests (Breathalyzer, blood, urine) are designed to determine the percentage of alcohol in a person's blood. The Breathalyzer is by far the most common chemical test administered and has been recognized by New York courts as scientifically reliable. Nevertheless, how a Breathalyzer test is administered, as well as the calibration and maintenance of the Breathalyzer machine itself, can substantially affect the results.
A chemical test must be administered within two hours of either the time of arrest or the time of a positive screening test, whichever is later. Although the law does not require a suspect to submit to a field sobriety test, drivers in New York are deemed to have given consent to screening and chemical tests. A driver may still refuse to take a chemical test but may face a mandatory license revocation for six months as a consequence.

Drinking Driver Program
Dispositions for drunk driving cases usually include participation in the New York State Drinking Driver Program. The program consists of a series of seven classes totaling a minimum of fifteen hours which are designed to deter future violations through education. The program provides the violator a conditional license to travel to and from work, school, medical exams, and other essential activities. Once a person has participated in the program, he may not do so again for a period of five years.

Vehicle Forfeiture
In 1999, the New York City Police Department began commencing forfeiture actions of the automobiles driven by people accused of driving while intoxicated. The basis of this policy is that the vehicle is the instrumentality of a crime and is, therefore, subject to forfeiture under the New York City Administrative Code. A forfeiture action is a civil lawsuit brought by the Police Department, and is a completely separate proceeding from the underlying criminal case which is prosecuted by the District Attorney. The New York City Police Department's Forfeiture Initiative has been upheld as constitutional despite challenges that the Initiative was prohibited under state law, that forfeiture constituted an excessive fine and that forfeiture violated due process requirements for taking property.
William Unroch: Being accused of a crime is a terrible ordeal.
Ira London: The Court in Atwater also struck down the defendant's claim that "founding-era common-law rules" restricted a police officer's authority to make warrantless arrests for misdemeanors except in cases of "breach of the peace" (e.g., non-felony offenses that involve violence). Rather, the Court concluded that there was disagreement at common law over an officer's warrantless misdemeanor arrest power, and held that such arrests are not necessarily limited to instances of breach of the peace. The Court supported its final conclusion, that warrantless misdemeanor arrests do not demand the kind of constitutional attention requested by the defendant, with the following factors: Anyone arrested without formal process is entitled to a magistrate's review of probable cause within 48 hours Many jurisdictions have imposed restrictive statutes limiting warrantless arrests for minor offenses It is in the interest of police officers to limit such arrests, because of the costs to the police if the arrest is found to be unreasonable is simply "too great to incur without good reason" Preference for individualized review of Fourth Amendment claims when a defendant makes a viable argument that an arrest was unusually harmful to privacy or physical interests.
Richard Landes: Many people believe thay can talk their way out of a problem. They think that if they can just explain their side of the story to the police, they won't be arrested or may be charged with something less serious or better yet, won't be charged with a crime at all. While there are two sides to every story or event, this is not the time to tell yours. It will never help you to talk to the police or make a written statement. In fact, it will end up hurting you. Chances are, by the time the police or F.B.I. are contacting you, they have already made the decision to arrest you. So if they can get you talking, that's just more evidence they will use against you down the line. And if you tell them something that's not true, you may be charged with obstruction of justice. So when the police or F.B.I. ask you if you'd like to talk to them about some event they are investigating, ask you if you'd like to 'explain to them what happened in your own words', ask you if you'd like to tell them 'your side of the story' , ask you to help them 'straighten out a small problem they have with you' , my advice is always the same: politely tell them you do not wish to say anything at this time and would like to call a lawyer. The police will not like this response from you. Often, they will promise to 'go easier on you' or tell you that 'things will be much better for you if you'd just cooperate with them'. Don't you believe it. If the police happen to have very little evidence against you, your own words may end up giving them what they need to either make an arrest or get you convicted. So, the single most important piece of advice I can offer is this: do not, under any circumstances, speak to any law enforcement authority until you have consulted a lawyer.
Gregory Smith: DUI arrest or conviction also affects driving privileges, including suspension of one's driver's license (usually by DMV), confiscation or impoundment of the driver's car, administrative costs and mandatory alcohol education and treatment programs. Many states require offending drivers to pay a reissue fee to get a suspended license back. In addition, some states require drivers convicted of DUI to install an "ignition interlock" device on their vehicles, which measures the driver's BAC (based on breath) and prevents operation of the car if more than a minimum amount of alcohol is detected.
Laura Miranda: The Police must inform an accused, s/he has the right to remain silent and anything said can and will be used against him/her in a court of law;an accused has a right to consult with an attorney and to have the attorney present during questioning. Furthermore, the police must also informthe person accused if indigent, a lawyer will be appointed. DO NOT WAIVE YOUR MIRANDA RIGHTS. DO NOT SPEAK, OR SURRENDER YOURSELF TO POLICE WITHOUT AN ATTORNEY PRESENT.
Robert Feldman: An officer must establish "probable cause" prior to engaging in a warrantless vehicle search. Probable cause may be defined as observable facts and circumstances which would lead the officer to believe there is evidence of a crime at the location to be searched. Thus, although officers may initiate warrantless searches in certain circumstances, such searches may be deemed illegal if the searching officers are unable to articulate their reasoning for deciding to search a particular vehicle.
Michael Cintron: Two types of intoxication defenses exist: voluntary and involuntary. When an individual freely chooses to drink or take drugs, any resulting intoxication is voluntary. To the contrary, in most states involuntary intoxication may include: Being physically coerced to take the drugs or alcohol Voluntarily taking something, not realizing its intoxicating effects Partaking of something that causes an unexpected reaction
Joseph & Smargiassi: Driving While Intoxicated (DWI) is considered a serious crime in every state. Drinking alcohol or taking drugs may affect your ability to operate cars, boats or industrial equipment in a safe manner. It is against the law in every state to drive under the influence of alcohol or drugs if you cannot safely operate the vehicle. DWI and Driving Under the Influence (DUI) refer to the same crime. If the police observe you driving erratically or violating traffic laws, they are permitted to stop and question you for a DWI violation. If they suspect that you are intoxicated, they can ask you to submit to various tests, including a blood alcohol test.
Karen Friedman: Legal problems involve financial and emotional issues that dramatically affect people's lives. This is particularly true when they involve criminal complaints. Such cases can be stressful, frustrating, and intimidating for anyone who is drawn into the legal system involuntarily. You not only need an experienced and skillful attorney to represent you throughout that process, you should have a lawyer you are comfortable with and can trust to handle your problems.
Jonathan Nelson: In New York, what is commonly known as driving while intoxicated (DWI) or driving under the influence (DUI) actually involves several offenses, due to different statutes that define each offense, and span from a violation to a felony. The different offenses are generally determined by two factors: the number of repeat offenses and blood alcohol content (BAC). DWI: Driving While Intoxicated BAC of .08 or higher, or other evidence of intoxication DWAI: Driving While Ability Impaired BAC of .05 to .08, or other evidence of impairment DWAI / DRUGS: Driving While Ability Impaired by drugs other than alcohol
Joseph Carbonaro: While it may be strategically sound to refuse a breath test in some cases, it can result in the suspension and possible revocation of the driver's license. VTL Section 1194. 2 provides that any refusal to submit to a breath test must be reported to DMV. In turn, the license can be suspended immediately, pending the outcome of a DMV hearing held before an Administrative Law Judge. The sole issue at the hearing is whether or not the motorist refused to take the breath test. If the ALJ finds, as they almost always do, that the refusal was made even though the police officer informed him/her that it would result in a license suspension, the judge can and will revoke the license for a period of at least 6 months. If you have ever been found to refuse a breath test in the past or if you have a New York DWI conviction within the past five years, you will then be unable to apply for a new license for at least one year. The revocations can be for an even longer period of time, in the discretion of the Commissioner of the Department of Motor Vehicles.
Harold Dee: Driving While Ability Impaired by Alcohol (DWAI) is a traffic infraction, and not a crime).... Ninety day suspension, minimum fine $350.00 + $35.00 surcharge, up to 15 days local jail, possible community service and 1 night attendance at a victim's impact panel ($15.00 fee) Driving Privileges....You may be entitled to a restricted use license, i.e., work, school, medical/dental, child care, parole, DMV business and 3 hours per week of shopping. Only one restricted use license issued every five years. Driving While Intoxicated (DWI). Operating with .10 percent or more Blood Alcohol Content (first offense penalties).... Minimum Six months revocation, Possible six months local jail, $500.00+ fine, victim's impact panel attendance (one night). DWAI by drug ....*Minimum six months revocation, fines, possible jail.
Martin Kron: Penalties and on-line interview.

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