DWAI | DWI

Practice Areas: DWAI | DWI

Driving while intoxicated (DWI) and operating a vehicle under the influence (DWAI) describe the same thing: intoxicated driving. Intoxication may be the result of alcohol, another chemical substance (e.g., marijuana) or both. To be a criminal offense in New York, your blood alcohol content must be at or above the legal limit, you have an illegal chemical substance in your system or your driving abilities were otherwise impaired.

In New York, there are many arrests made daily for intoxicated driving. Those arrested are often people like you and me: law-abiding citizens. At The Law Office of Steven S. Siegel, PLLC, our DWAI/DWI defense lawyers work hard to help you gain acquittals or favorable dispositions.Contact us at 1-833-239-4529 to learn more about how we will help you. Here are some of the most commonly asked questions we get from our clients when we first meet them about their intoxicated driving charge.

What Is “Blood Alcohol Content" Level?

Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. It is calculated in grams per 210 liters of breath, and a BAC of 0.08 means there is 0.08% alcohol by volume. Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle.

What Are My Rights During DWAI | DWI Traffic Stops?

If you are pulled over due to suspicion of drunk driving or pulled over for a traffic stop, and then the police officer suspects intoxicated driving, you should remember you have certain rights as a U.S. citizen. Namely, those rights are:

The driver and any passengers have the right to remain silent (except you must show the police your driver's license registration and proof of insurance upon request); and,
If you are a passenger, you are free to leave.

If you are arrested or detained, you have additional rights, including Miranda warnings and:

You can say you wish to remain silent and ask for a lawyer immediately.
You have the right to make a local phone call.

If you believe your rights were violated in any way, try to write down everything you remember, including the police officer's agency (state police, county police, etc.), badge number and patrol car number.

Can I Refuse A Breathalyzer Test In New York?

You can refuse a breathalyzer test. These are portable instruments police have with them to test your breath for alcohol. The results of these tests are typically not admissible if you are, in fact, arrested and charged with an intoxicated driving offense.

Refusal, however, carries with it significant consequences. Those consequences depend on your jurisdiction, but you can expect any of the following:

Your license may be suspended or revoked.
You may be sentenced to jail time.
You may still face a DWAI/DWI charge based on other criteria, such as field sobriety test results, witness testimony and the police officer's observations.
You may be fined.
However, in the State of New York, a refusal generates the opportunity to participate in a hearing and gain insight into the District Attorney's case. A decision to refuse a chemical test is a major decision and would best be discussed with counsel prior to making a decision.

Also, if you refuse, the police officer may request a warrant to take a blood sample. Blood tests are more reliable than breath tests, and they can be more challenging to defend if a case is filed against you.

What Are Standardized Field Sobriety Tests (FSTS)?

Standardized Field Sobriety Tests (FSTs) are approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not.

There are three standardized FSTs:

The Horizontal Gaze Nystagmus Test (HGN test)
The One-Leg Stand Test (OLS test)
The Walk-and-Turn Test

The results of these tests may be used as evidence against you in an intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA and are typically not admissible as evidence.

Non-standardized FSTs include:

Finger to nose test
The finger count test
The hand pat test
The alphabet test
The reverse counting test
The coin pickup test

Can I Refuse Field Sobriety Tests In New York?

The ability to refuse a field sobriety test is allowed in most jurisdictions, although there may be consequences, such as being asked to complete a breathalyzer test or provide a blood sample. A refusal to complete a field sobriety test typically does not carry the same serious repercussions as refusing a breathalyzer test but can be used at trial as evidence of intoxication.

After A DWAI| DWI Arrest In New York, Will My Drivers License Be Suspended Or Revoked?

There are two different types of suspensions. The first is an administrative suspension, and many jurisdictions will suspend or revoke your license if you refuse a breathalyzer or have a BAC over a certain level. This means you can lose your driving privileges even when you have not been found guilty of driving while intoxicated or under the influence of a chemical substance.

The other type of suspension occurs when you are convicted of an intoxicated driving offense. Whether your driver's license will be suspended or revoked depends on your jurisdiction, your BAC level and whether this is your first offense.

What Happens After A Drunk Driving Arrest In New York?

If you are arrested for drunk driving, what happens next depends on the facts and circumstances. It's important to know that DWAI/DWI arrests result in two processes after an arrest: (1) the administrative hearing, which results in civil penalties, like driver's license suspension; and (2) the criminal process, which can result in a conviction in the absence of a strong DWAI/DWI defense. A conviction can result in fines, driver's license suspension/revocation, imprisonment, ignition interlock device (IID) installation and other penalties.

Can I Still Get Auto Insurance In New York After A Drunk Driving Conviction?

Your ability to obtain or maintain auto insurance after a drunk driving conviction depends on whether it was your first conviction. You will likely find insurance after a first conviction, although your rates will increase significantly.

Can I Win A Drunk Driving Trial In New York?

It is possible to beat a drunk driving charge, although it is not typically an easy process. It will require a thorough understanding of the law and the technical nature of field sobriety tests, breath tests, blood tests and urine tests. Understanding the latter test is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.

Aside from errors or unreliable test results, an alleged DWAI/DWI offender may have had their constitutional rights violated. This happens more often than you might imagine. A violation can lead to the inadmissibility of some or all evidence. Without sufficient evidence, the case will be dismissed, or a jury may return with an acquittal.

You will need a drunk driving defense attorney to help you beat an intoxicated driving charge. These cases can be highly technical, as well as legally complex.

Can I Just Plead Guilty To Drunk Driving?

An arraignment is a hearing where the defendant can plead guilty, no contest or not guilty. You can plead guilty, but the real question is whether you should or not. It would be a mistake to plead guilty at this time, especially without the counsel of a drunk driving lawyer in New York, and there are multiple reasons for this.

If you plead guilty immediately, you lose any opportunity to fight the DWAI/DWI charge.
If you plead guilty immediately, you also lose any opportunity for a plea deal, if that is what would be best in your unique circumstances. Admittedly, a plea deal means you would plead guilty, but the process can render a better outcome than an immediate plea of guilty. In some jurisdictions, you may be able to plead down to a lesser offense.
The sentencing is often harsher when given in response to a plea of guilty during the arraignment, as opposed to what a plea deal would entail or a sentencing after a conviction would impose. The reason is simple: you have time to mitigate and negotiate.

If it's your first drunk driving charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. However, if you do not fight to get the charge dismissed or to get yourself acquitted, it will be your first drunk driving charge. With the latter criminal conviction on your record, you want to keep in mind that subsequent DWAI/DWI convictions will assuredly lead to harsher penalties.

Do I Need A Drunk Driving Lawyer In New York To Win My DWAI | DWI Case?

If you plan to fight your drunk driving charges, it is in your best interest to have an attorney experienced in vehicular law represent you. The law can be complex. The evidence can be highly technical and scientific. Police and state expert testimony can be damaging. All these things can lead to a conviction, unless you have the necessary skills and knowledge to successfully counter them. Most alleged DWAI/DWI offenders do not have that kind of knowledge and skills.

How Much Does A DWAI | DWI Defense Lawyer Cost?

There are a lot of factors to consider when determining the cost of a defense lawyer, like:

The vehicular law experience of the lawyer
Whether you take a plea deal
Whether you go to trial
The costs of the experts if you go to trial

It also depends on whether the attorney charges by the hour or a flat rate. You can expect to pay anywhere between $5,000 or upwards of $15,000+ if the case is appealed. The more experienced lawyers will come at a higher cost, but they can save you in the long run in terms of auto insurance, lost wages and a criminal record.

Contact A DWAI | DWI Defense Attorney In New York Today

At The Law Office of Steven S. Siegel, PLLC, we know the law and the technical, scientific make-up of field sobriety tests, blood tests, breath tests and urine tests. We also know how to identify and proactively address any constitutional rights violations to benefit your case. Contact our DWAI/DWI team in New York today at
1-833-239-4529 to schedule a consultation and get honest advice on your best legal options. Do not wait, as time lost weakens your case.

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