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.
Find out if the Intoxilyzer machine in your case was working properly by finding the maintenance documents related to your breath test.
Often-used (and not often easily understood) terms relating to DWI / DUI, drunk driving, drinking and driving, DUID and other related info.
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.
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.
[tabs-title]> The Arrest[/tabs-title]
[tabs-content]DWI arrests in New York typically occur in one of three situations: traffic stops, sobriety checkpoints and traffic accidents. Each situation requires a different legal defense that an experienced DWI attorney can guide you through. Learn more about where DUI arrests happen here.
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.
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.[/tabs-content]
[tabs-title]> Getting Your Car Back & Forfeiture Proceedings[/tabs-title]
[tabs-content]As if two cases weren’t enough to deal with, if your car was seized upon your arrest, you may also have a civil proceeding called a forfeiture proceeding. Our lawyers and staff know the inner workings of the process involved in getting your car back and protecting your credit if you drive a leased vehicle.
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: (212) 679-1990 or send us a message.
[tabs-content]Field Sobriety Tests are designed to test an individual’s coordination and focus in order to determine intoxication or impairment. These tests fall into two categories: Standard Field Sobriety Test (such as a one-leg stand; walk-and-turn) and Non-Standard Field Sobriety Tests (finger-to-nose; finger counting; reciting ABC; etc).
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.
[tabs-title]> Handling your New York DMV Case[/tabs-title]
[tabs-content]In addition to the criminal court case, a New York DWI / DUI arrest may also result in a New York DMV case. If you refused to take a breath test, a DMV hearing will be scheduled within 15 days of your arrest. You must be present at this hearing in order to protect your right to drive. If you had a valid license when you were arrested, and you took a breath test, you may be able to qualify for a conditional license 30 days after your arrest. For the best possible outcome, you need an experienced DWI / DUI attorney to represent you at your DMV hearing. Sometimes people do not realize that they have had a DMV hearing scheduled and will not appear. In that case, you have defaulted at the hearing and your license will be revoked. If this happens to you, we can seek to vacate the default and reschedule your refusal hearing.
[tabs-title]> Our DUI / DWI Investigation[/tabs-title]
[tabs-content]At Law Offices of Daniel A. McGuinness, PC we thoroughly investigate every DWI case. Our investigations include detailed reviews of all paperwork, an inspection of the DWI testing equipment, surveying the location of the alleged offense and much more. Read more about our DWI investigation process here.
Visit our DWI practice page for a detailed examination of DWI Chemical Testing.
Various Types of DUI / DWI Testing:
Contact us today for a free consultation: (212) 679-1990
More information on:
Visit our main DWI page for more information about when DWI cases are charged as a felony.
[tabs-content]When you’re charged with a DWI in New York, officers and prosecutors may also include related charges such as Driving Under the Influence of Drugs (DUID), Endangering a Child (Leandra’s Law), Reckless Driving, Fleeing a Police Officer and much more.
Client’s breath test was a 0.19 BAC
Client alleged to have nearly collided with police cruiser
Arrest at DWI checkpoint stop
Assault case alleging substantial injuries
Client’s cellphone searched at border related to cocaine smuggling charges
Prisoner civil rights case following sexual assault by a prison guard
Federal murder charges related to racketeering conspiracy
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