New York DWI Information Center
We’ve created this DWI Legal Information Center because DWI cases are a complex intersection between criminal justice and science.
No other crime has a purported scientific test that supposedly tells you automatically whether you are guilty or innocent. No other charge is more frequently leveled against otherwise completely law abiding citizens.
Our DWI clients comprise some of the most successful business people, professionals and artists in the world. They are not criminals and very often have not done anything wrong. Simply stated: A DWI arrest can happen to anyone. If you have a glass of wine at dinner and do not stop completely for a stop sign, you can be arrested and charged with a DWI in New York. Because of this very scary fact, you need a team of lawyers that understands and studies DWI law and practices at the highest level of the bar.
We care deeply about providing the highest quality representation to our clients. We look forward to the privilege of helping you too.
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Fail a Breathalyzer Test?
Find out if the Intoxilyzer machine in your case was working properly by finding the maintenance documents related to your breath test.
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Often-used (and not often easily understood) terms relating to DWI / DUI, drunk driving, drinking and driving, DUID and other related info.
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Understanding DWI / DUI
A DWI or DUI case can be a scary place. We have the experience to navigate you through the DWI legal process, and a track record of success.
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Important DWI / DUI related info that you need to know:
[su_note note_color=”#942323″ text_color=”#f1f1f1″]Understanding the Interstate Driver’s License Compact (IDLC)
[su_note note_color=”#942323″ text_color=”#f1f1f1″]Understanding Alcohol Absorption & Elimination[/su_note]
[su_note note_color=”#942323″ text_color=”#f1f1f1″]What is a Refusal Hearing, and why is it important?[/su_note]
New York DWI Law Information:
> DWI in New York: An Overview of the Offense
>DWI Law in New York
VTL §1192(3) relates to a person operating a motor vehicle while their ability to do so is impaired by alcohol.
VTL §1192(2) charges driving while intoxicated for operating a motor vehicle with a blood alcohol content equal to or in excess of .08%.
VTL §1192(1) is a traffic infraction but still has serious consequences for your auto insurance rates, travel and ability to rent a car.
Learn more about each statute here.
> The Arrest
> The Arraignment
If you have been arrested on a DWI or DUI charge, chances are you will be very eager to put the experience behind you. However, it is vital that you understand your rights and consider the outcome. In fact, there are many reasons to fight your case. Read the DWI arraignment here.
Visit our DWI practice page for a full list of DWI pretrial motions and the impact they may have on your case.
More Information on Pretrial Motions
> Traffic Accidents Involving DWI and Sentencing Enhancements
Certain factors in DUI / DWI cases such as having children in the car, speeding, and being involved in an accident can prompt prosecutors to add sentencing enhancements to the complaint. Sentencing enhancements can add substantially to the punishment in a drunk driving case. A New York defense attorney experienced in handling DUI / DWI cases can explain the consequences of sentencing enhancements and help plan a strategic defense.
Driving Under the Influence (DUI) cases that involve traffic accidents, particularly those that cause injury to someone other than the driver, are typically charged as a felony. If the sentencing enhancement of being involved in an accident is proven in conjunction with a felony DUI / DWI conviction, the driver faces an additional 90 days to one year in jail.
Sentencing enhancements can also be added for a number of other factors, including prior DUIs or “wet-reckless” convictions, or drunk driving offenses that involve a death or multiple victims. If proven, each allegation carries substantial penalties.
In some cases that include the sentence enhancement of being involved in an accident, the driver may want to consider a plea bargain if one is offered. Drivers who plead guilty before their cases reach trial typically receive negotiated punishment or reduced charges.
Any DUI / DWI case that involves sentencing enhancements has the potential to bring serious consequences. A lawyer skilled at defending drunk driving cases can explain the ramifications of sentencing enhancements, and plan a strategy to help the driver minimize the serious consequences that stem from charges of drinking and driving.
> Getting Your Car Back & Forfeiture Proceedings
We know the stakes are high. In order to have the best possible outcome for your DMV hearing, your criminal case, and your forfeiture proceeding, you need a lawyer with experience that you can count on. Call us: 646-742-9800 or send us a message.
The most important thing to note about sobriety tests is that they are not 100% accurate.
Refer to our DWI practice page to learn more about specific DUI / DWI Sobriety Tests and the impact they can have on your case.
> Handling your New York DMV Case
> Our DUI / DWI Investigation
>Post Conviction Relief
Visit our DWI practice page for a detailed examination of DWI Chemical Testing.
Various Types of DUI / DWI Testing:
- Alcohol Absorption & Elimination
- Roadside Breath Test
- The Breath Test at the Precinct
- Blood Tests
- Urine Tests
Use our database to see if the machine used to test you has a history of inaccuracy.
Contact us today for a free consultation: (646) 742-9800
>Refusal Cases & Refusal Hearings
More information on:
> Special Licenses
>Out Of State Drivers
> Felony Charges
Visit our main DWI page for more information about when DWI cases are charged as a felony.