Learn More About New York's DWI/DUI Laws

On Dec. 15, 2006, the New York State Legislature passed a series of more strict DUI/DWI laws. If you have been charged with drunk driving in the state of New York, it is important to contact a DWI/DUI defense attorney, as quickly as possible, to find out how these new laws could affect you.

One of the most significant legislative changes is the creation of the new charge of "aggravated operation of a motor vehicle while intoxicated." This charge applies to any offender who has a blood alcohol content of .18 or higher. Criminal fines for aggravated operation of a motor vehicle while intoxicated range from $1,000 to $2,500. Additional fines and assessments from the New York Department of Motor Vehicles could exceed $1,250. Moreover, additional penalties may include mandatory attendance at alcohol rehabilitative counseling sessions.

Please note that this new law has also increased the period of time your driver's license is suspended for refusal to submit to a breathalyzer test from six months to one year.

Your right to a refusal hearing

As stated above, if you refuse a breathalyzer test, your driver's license, or New York State driving privileges, will be immediately suspended by the arraignment judge before whom you appear until your refusal hearing before the New York Department of Motor Vehicles. This hearing must be commenced within 15 days of your suspension. At the hearing, I will defend your driving privileges, based on examination of the following facts:

  • Whether the police had probable cause to stop you
  • Whether the police informed you of the potential loss of your driver's license for refusing a breathalyzer test
  • Whether you understood what the police officer told you
  • Whether you persistently refused to take the breathalyzer exam

If you have been charged with a DWI, DUI, DWI Drugs, or DWAI in the New York City area, contact The Law Firm of Michael S. Berardino, formerly Mangialardi & Berardino, as soon as possible, locally at 212-983-5677 or 914-618-4167, or Toll Free at 877-776-5584. I believe in defending your rights and your freedom.

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Collateral Consequences of a Criminal Conviction