THE DWI/DUI ARREST

It is an unsettling feeling for all involved when a friend or family member have been arrested and charged with driving while impaired or intoxicated as a result of alcohol or drugs. The laws surrounding these types of cases have changed significantly over the last several years. We are sure that you will have numerous questions that need to be answered by us about what to do or how best to help someone you care for. This firm has learned over the years, that there are certain particular questions asked by our clients when it comes to cases involving alcohol-related offenses.

This page will help you by reviewing some of the many changes to the law surrounding DWI prosecutions that took effect in the last 18 months. Please realize that each court can and does interpret these newer sections of the law differently at times therefore the advice given by us is subject to the justice system as they continue to interpret the changes in the new laws.

We have put together several sections of the law which in our experience are the most common areas that clients question us about.

One of the first concerns we hear from clients whether they are arrested in New York City, Long Island, Westchester, Rockland or any upstate county deals with Suspensions Pending Prosecutions pursuant to Section 1193(2)(e)(7) of the Vehicle and Traffic Law. If you have agreed to take the breathalyzer test (not the roadside hand held test called an Alco-Sensor ) and you register a .08 or more, then your license will be suspended at your first court appearance, commonly referred to as your arraignment. This suspension pertains to both New York licensed drivers and any licensed out of state driver. The only difference is that an out of state licensee, say from New Jersey, will only have his ability to drive in New York suspended at his arraignment while retaining the ability to drive in all other 49 states.

Please note that you can be eligible for a conditional license if you had a valid driver's license prior to the suspension pending prosecution as long as you did not have a prior conviction for Driving While Intoxicated or Impaired, or complete the Drinking Driver Program within the preceding five years.

The laws of New York do provide for what is called a Hardship License when the court, at your arraignment, suspends your ability to drive because of the results from your breathalyzer test. This type of license is limited in nature and is not automatically given by the Courts. A complete review of your case with us is important in order to present information to the Court at arraignment to secure this privilege during the pendency of your case. This type of privilege does not apply to those cases where an individual refuses to submit to a chemical analysis of their breath, blood or urine.

REFUSING TO SUBMIT TO A BREATALYZER TEST

As mentioned above the police may initially request that you blow in to a handheld device when you are first stopped. This device is called an Alco Sensor or screening device. Refusal to take this test will not invoke the harsh penalties associated with Section 1194 of the Vehicle and Traffic Law. Once you have been arrested the police will most certainly request that you submit to a breathalyzer, urine or blood test. Refusal by you of participating in this request will result in a mandated suspension of your license at your arraignment, which generally takes place during your first appearance in front of a Judge. The Court, in this instance, will have you hand over your New York State drivers license and will thereby suspend your ability to drive. In addition, the court (generally the clerk of the court ) will schedule a hearing for you with the Department of Motor Vehicles within 15 days. Should you have an out of state license the Court has no authority to have you surrender your license, however they will suspend your ability to drive in New York pending your hearing at Motor Vehicles on this refusal issue. This hearing must be scheduled within 15 days of your arraignment or your license will be reinstated by the Department of Motor Vehicles.

The refusal hearing discussed above is conducted at the Department of Motor Vehicles in front of an Administrative Law Judge. Failure to succeed at this hearing will result in the revocation of your license for at least one year. It is essential that you seek out the assistance of this firm to represent you at this hearing to make sure that your rights are properly protected.

The financial penalties associated with the revocation of your license are also significant. Civil penalties and assessments from the Department of Motor Vehicles will total to at least $1250.00 should you be found to have refused to take the chemical test. These amounts are in addition to any fines imposed by the Court if you are convicted of DWI or DUI.

In concluding it should be clear that DWI and DUI cases are complex matters that will require that you seek out experienced attorneys such as us to guide you through a criminal justice system that is foreign to most. Please contact us at your earliest convenience so that we can answer your questions and assist you in your time of need. With over 25 years experience as both Prosecutors and criminal defense attorneys we offer reasonable flat fees with payment options.